A credit card lender may assert that the debtor committed fraud in either in applying for the card itself or in the way the debtor used the credit card. If the credit card lender can prove that debtor falsified information on the initial credit card application, the ensuing credit card balance may not be discharged in the bankruptcy. Similarly, a credit card lender may claim that the debtor ran up charges on card with no intention to repay the resulting debt. A rebuttable presumption of fraud arises where cash advances are taken out in the three months prior to a bankruptcy filing. Likewise, a rebuttable presumption of fraud also arises where luxury services or goods are incurred in the three months prior to the filing of a bankruptcy case.
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