What the results are If you have Gambling Debts Prior to Filing Bankruptcy?

Whether you suffered a huge loss because you have a gaming addiction, or just had bad luck in the casinos that one time, you now owe the casino money. The question is: what togel hongkong the results are if you are unable to pay the casinos back? Can you file for bankruptcy to offer the debt dropped? The answer depends on how the funds were obtained.

Credit card used to pay for gaming debt

If credit cards were used to pay for the gaming debt, especially with online gaming sites, then the question of whether that debt is dischargeable in bankruptcy depends on the totality of circumstances. The bankruptcy court can not allow a discharge if they believe that filing the bankruptcy was an abuse of the bankruptcy process based on bad faith. A discharge can also be rejected if the courts determined there was fraud involved. At that time that you used the credit card to pay for the gaming, did you have the objective of paying it back? Were you going to pocket the success, but try to discharge any losses received? There are a lot of factors to look at in determining whether the bankruptcy filing was an abuse of the bankruptcy process. The bankruptcy trustee will be bringing an action up against the bankruptcy filer if they believe there was an abuse of the process. The credit card lender can file a non-dischargeability action up against the bankruptcy filer if they believe that there was deceitful activity in obtaining the credit to gamble on the credit card. If you pass the bad faith and fraud test, then the gaming debt should be dischargeable in bankruptcy.

Casino markers/counter checks/post-dated checks

If you are gaming in Las vegas and a casino issues that you a sign, counter check, or if you are signing a post-dated check, what normally happens is the casino would give you credit for a certain dollar amount on the sign. The casinos will claim that you are promising to repay the amount at a later time and at the time that you sign the sign, counter check, or post-dated check, you are that represent to the casino that you have the amount in your bank account. If you win the money, you pay them back and they grab the sign, and you get to keep no matter what remaining success are. However, if you lose the money, a casino will still expect you to pay the amount that you received credit for. If you do not have the funds in your bank account, then the casinos would turn the case over to the Center Attorney’s office, where they could prosecute you for writing a bad check. If you do not respond, or if you are not from the Las vegas area, there will probably be a breach of the law guarantee issued for your arrest. This would be a criminal prosecution, and not a city matter that could be dischargeable in bankruptcy. Bankruptcy cases would not be able to stop criminal actions against you. Thus, even if you file for bankruptcy, it may destroy the debts that you have, but the center attorney’s office can still criminally prosecute you. In addition, if you file for bankruptcy, a casino, at their foresight, can pursue a non-dischargeability action under 11 U. S. C. §523(a)(2) or 11 U. S. C. §523(a)(4). If they win, and have the gaming debt deemed non-dischargeable, then you would still continue to owe the money despite if you will get a discharge of your other debts.

Furthermore, Indian casinos are not at the mercy of the Fair Commercial collection agency Practices Act (FDCPA). Indian tribes have sovereign immunity, so you cannot file suit them under the FDCPA even if they are calling and harassing you.

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