I just told a creditor (Discover) that I was filing bankruptcy. She said Discover would be exempt from my filing of bankruptcy because I made a purchase within the past 6 months on the Discover card. Is this true or false, sir?

Rating: +0

positive I just told a creditor (Discover) that I was filing bankruptcy. She said Discover would be exempt from my filing of bankruptcy because I made a purchase within the past 6 months on the Discover card. Is this true or false, sir? negative I just told a creditor (Discover) that I was filing bankruptcy. She said Discover would be exempt from my filing of bankruptcy because I made a purchase within the past 6 months on the Discover card. Is this true or false, sir?

That is false with some exceptions. If you use a credit card within 90 days prior to filing bankruptcy, the presumption is that doing so it presumed to be non-dischargeable debt. If your use is more than 90 days prior to filing bankruptcy, the creditor's burden of proof goes up substantially making it much more difficult for the creditor. Regardless, Discover would still have to file an adversary proceeding (a lawsuit) in bankruptcy court against you to have the judge determine whether the debt was dischargeable. If the creditor does not do so, then the debt is discharged.

The reality of it is, some creditors will threaten to file an adversary proceeding and try to convince you that even if you file bankruptcy, that you would still be liable. Rarely do they follow through with their threats. Even if the creditor did, when your use of a credit card is more than 90 days ago, if you were making payments on the card afterward and/or something changed which caused you to be unable to do so, the creditor will have a difficult time proving that at the time you used the card you knew you would be unable to repay the new debt.

Best of Luck.

share save 171 16 I just told a creditor (Discover) that I was filing bankruptcy. She said Discover would be exempt from my filing of bankruptcy because I made a purchase within the past 6 months on the Discover card. Is this true or false, sir?