Warren & Migliaccio, L.L.P.

Texas Family, Estate and Debt Relief Attorneys

Call For A Free Consultation (888) 584-9614

Call For A Free Consultation

Click Here To Call Now
  • Our Team
    • Gary Warren
    • Christopher Migliaccio
    • Jonathan Frederick
    • Dan Varkey
    • Traci Diamond
    • Sabah Hafiz
    • David Lane
    • Morgan Gill
    • Brandon Beuerlein
    • MaDonna Harmina
  • Bankruptcy
    • Why Meet with Us?
    • Chapter 7 Bankruptcy
      • How to File Chapter 7 Bankruptcy in Texas
    • Chapter 13 Bankruptcy
    • Debt Resolution
    • Benefits of Bankruptcy
      • Stop Creditor Harrassment
      • Keep Your Property
      • Stop Foreclosure
      • Eliminate Credit Card Debt
      • Rebuild Your Credit
    • Bankruptcy Myths Debunked
    • Creditor Harassment
    • Tax Debt
    • What is a Wage Garnishment?
    • Bankruptcy Video Center
    • FREE Bankruptcy E-Book
  • Debt Lawsuits
    • Being Sued by Debt Collector? What you need to Know.
    • What to do when you are being sued by Credit Card Company
    • Is it possible to be Judgment Proof?
  • Divorce
    • Divorce Timeline and Roadmap
    • Contested Divorce
    • High Net Worth Divorce
    • High Conflict Divorce
    • Spousal Maintenance and Support
    • Post-Divorce Modifications
    • Military Divorce
    • FREE Divorce E-Book
  • Child Custody
    • Types of Child Custody in Texas
    • Child Support Modifications & Enforcements
    • Child Support: The Details You Should Know
    • Texas Standard Possession Order
    • Texas Child Custody Calendar 2024
    • Right of First Refusal
  • Estate Planning
    • Our Services
    • How it Works- Your Client Journey
    • Estate Plan Express
    • Wills
    • Revocable Living Trusts
      • 9 Reasons You Need a Revocable Living Trust in Texas
      • Making and Funding a Living Trust in Texas
    • Is It Time to Update Your Estate Plan?
    • Dying without a Will
  • Estate Plan Express
    • Estate Plan Express: Get an Attorney Drafted Will Online in Texas
    • Our Levels of Texas Estate Planning Services
  • Blog
    • Articles
    • FAQs
      • How to create a Skype Account for Virtual Video Meetings
      • Get Tax Transcripts or Tax Returns
      • Get Your Free Credit Report
  • Next Steps
    • Contact Us
    • Client Testimonials
    • Make a Payment
    • Camp Lejuene Victim Support
      • How we can help
      • Top 5 Questions and Answers About the Camp Lejeune Lawsuits
      • Symptoms of Water Contamination
You are here: Home / Bankruptcy / Proving Innocence When a Creditor Presumes Credit Fraud
Proving Innocence When a Creditor Presumes Credit Fraud

Proving Innocence When a Creditor Presumes Credit Fraud

February 25, 2013
Written by Christopher Migliaccio Leave a Comment

Unfortunately, credit fraud may be presumed under certain circumstances. For instance, if you purchase luxury items of $500 or more on a credit card less than 90 days before filing for bankruptcy or take a cash advance of $750 or more, less than 70 days before filing, it is presumed to be non-dischargeable.

However, other circumstances may also lead creditors to presume that debts were accumulated fraudulently with no intention to pay them back. 

Proving Debt is Not Credit Fraud

If luxury debt and cash advances do not fit the criteria above, then creditors must prove the debt was obtained fraudulently if they are to hold you to the obligation to pay it back. It may be difficult to prove fraudulent intent, but bankruptcy claimants should be proactive in defending themselves against such accusations. 

You may be able to prove that the items were basic necessities like groceries. In some cases, you may prove that a major setback, such as a serious illness or natural disaster, necessitated purchase of the goods or taking a cash advance so close to the point at which you filed for bankruptcy.

Of course, the best method is to avoid the situation altogether. If you’re planning to file for bankruptcy, do not use your credit cards. If you made a purchase recently, wait to file for bankruptcy until after 90 days have passed from the time of purchase and continue making the payments in the meantime. What’s more, if you generally made payments on time before the bankruptcy filing, you may be able to use that to prove that you have a decent payment history.

Contact a Plano Bankruptcy Attorney 

Don’t let creditors falsely accuse you of fraud. Legal help is available in Plano from a bankruptcy attorney at Warren & Migliaccio, L.L.P. Call us at (888) 584-9614 to discuss bankruptcy or an accusation of credit fraud.

Call (888) 584-9614 or click here to submit a consultation request form now.

Get Help Now

Click Here To Call Now

Categories: Bankruptcy Tagged: Bankruptcy

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Get Help Now!

Schedule a Free Consultation

If you need to speak with an attorney at Warren & Migliaccio, L.L.P.  submit our contact form below or call (888) 584-9614 to schedule a free consultation.

Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

Connect With Us

facebook logo twitter logo youtube logo instagram logo


More Resources
Blog
Articles
PaymentPortal

Schedule Now
(888) 584-9614

Next Steps

  • Contact Us
  • Testimonials
  • Make A Payment
  • Blog
  • Articles
  • FAQs

Pick a Topic and Empower Yourself

  • Bankruptcy
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Child Custody
  • Child Support
  • Estate Planning
  • Divorce
  • Divorce & Your Children
  • Family Law
  • Stop Foreclosure
  • Spousal Support
  • Auto Accidents
HomeDisclaimerPrivacy PolicyTerms of UseContact UsSite Map
© 2025 Warren & Migliaccio, L.L.P. All Rights Reserved