Disputed Charges


T

travis.cannell

Does anyone know what types of charges are typically disputed by credit
card companies? I heard that they have a 90 day window before the
filing date to dispute charges, but I don't know what types of things
they dispute.

Thanks
 
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H

Howard Goldstein

: Does anyone know what types of charges are typically disputed by credit
: card companies? I heard that they have a 90 day window before the
: filing date to dispute charges, but I don't know what types of things
: they dispute.

You probably heard about a sort of liability that could be deemed to
have been incurred fraudulently, and that might therefore be
presumptively non-dischargeable under portions of the Code.

In that you're asking a question in this rather tenuous and incredibly
fact-specific area I cannot strongly enough suggest, in text, via a
mere netnews post, that you consult experienced bankruptcy counsel to
discuss your own unique fact situation.
 
D

Dave Zass

Does anyone know what types of charges are typically disputed by credit
card companies? I heard that they have a 90 day window before the
filing date to dispute charges, but I don't know what types of things
they dispute.
Ask your attorney and use your common sense.

Trips to the Bunny Ranch in NV, two 50" Plasma TV's............ - bad.

$50/wk on groceries, electric bill........ - good.


YMMV, IANAL.
 
J

JoblessDave

Does anyone know what types of charges are typically disputed by credit
card companies? I heard that they have a 90 day window before the
filing date to dispute charges, but I don't know what types of things
they dispute.
There are a couple of different time-specific things you may be combining.
A credit card company has sixty days from the first scheduled meeting of
creditors to file a complaint to determine the dischargeability of a debt.
A complaint is more likely if a credit card was used for a cash advance or
luxury item over $1,150 (I think that's the right amount) within 60 days of
the bankruptcy petition filing date, because those debts are presumptively
nondischargeable. A credit card company's debt that does not fall within
the presumption period may still be determined to be nondischargeable if the
creditor can prove by a preponderance of the evidence that the debt was
incurred by fraud.
 
T

travis.cannell

http://www4.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000523----000-.html

There is the actual law from what I can tell. It appears the amount is
$1,000 cumulative on luxury items for any one creditor and $1,000
cumulative in balance transfers. Reasonable expenses should be
discharged, as long as they are for essentials for you or your
dependents.

And YES, I certainly do have an attorney handling my case! I always
enlist the use of professionals when doing things such as these.
 
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O

OutlawofSherwood

Travis, thank you for your post - I had the same questions and this has
astronomically decreased my worry factor. =)

Jamie
 
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