When you decide you need professional help getting approved for Social Security benefits, who can help you?
Who Can Represent Me?
Social Security allows attorneys to represent you at Social Security hearings. But did you know the government lets anyone else without any legal training to represent you as well? The Social Security Administration has no licensing or requirements for Social Security “advocates” or “representatives”. Anyone without any relevant educational background whatsoever can say he or she is an “advocate ” or “representative” and begin advertising for clients.
What Difference does a Law Firm Make?
You have money riding on your Social Security claim. If you decide you want professional legal help for your case, you need a licensed attorney at a law firm. Only licensed attorneys at law firms can check the “I am an attorney” box on your SSA-1696 form. What difference can licensed attorneys at a law firm make? Early in the Social Security application and appeals process, legal issues can arise. Good cause, coverage for benefits, and interpretations of self-employment income are just a few of the situations requiring sound legal judgment and experience at the lower levels. A quick scan of the Internet reveals the kind of problems that can arise with “advocate” companies. Click here. So, if you want a licensed attorney, a real law firm with real legal experience can make a difference in your case.
At the hearing level, keep in mind that you will testify before a federal administrative law judge (an attorney by training) at a recorded hearing under oath that can also include testimony from goverment-appointed medical and vocational (job) experts. At a hearing, your attorney may need to:
Argue federal case law, regulations, and Social Security rulings before a federal judge;
Order, submit, review, and properly interpret your medical and vocational records;
Understand and apply legal procedures and exceptions that may benefit your claim;
Effectively conduct direct examination of you and cross-examination of experts; and
Write persuasive legal briefs either before or after your hearing arguing why the law and medical evidence supports your approval.
With these functions in mind, here are some good questions to ask of any firm or group you may hire:
Do onlylicensed attorneys represent me? If not, what educational qualifications do the “non-attorneys” have to represent me at my federal hearing?
What is your experience doing Social Security hearings? For example, how many Social Security hearings do you do per month and per year?
Does your firm ever appeal your own cases to federal court? (Note that only law firms can represent you at this level.)
How many years has your firm represented Social Security claimants?
Are you paid through private contracts? Can I see those contracts before hiring you?
If a firm contacted you first, how did you get my name and contact information?
Do you dedicate all your time to Social Security claims, or split it with other areas?
Who Represents You?
At times, people are told they need to apply for Social Security benefits. The following entities can also hire “advocates” or “representatives” because getting you on benefits helps them:
Hospitals (seeking insurance coverage),
Counties (seeking return of welfare payments),
Corporations (seeking return of self-insured disability payments through an “offset”), and
Private long-term disability insurance companies (seeking return of past benefits through an “offset”).
These corporations or government entities can assign you an “advocate” or a ”representative”. But keep in mind that you still must agree to sign the forms that Social Security needs to appoint them. Sometimes these representatives are paid through pre-arranged, private agreements. If you want your own attorney to represent only you, read on.
Your Choice
An important point: You have the right to choose your own attorney to represent you in your Social Security claim. At Hoglund Law Offices, we are a private law firm with only licensed attorneys representing you. Our Social Security attorneys limit their practice to Social Security law, and have experience with legal arguments, procedures, and hearings. We are not paid by any third-parties. We charge a fee only if you are approved. The fee comes out of your back-pay only.
Remember, you can choose who represents you. If you want experienced and licensed attorneys at a law firm, you have the right (and should) hire who you want. Your Social Security disability claim is an important event in your life. Make sure you trust who handles it.
According a study prepared for the AARP’s Public Policy Institute, “the rate of bankruptcy filings among Americans 55 and older has nearly tripled since 1991.” The results of this study are a cause for concern because the results “indicate that financial security is progressively eroding for many older Americans.” (As printed in Consumer Bankruptcy News, Volume 18, Issue 16, 2, July 3, 2008.) A logical question may be why some of these older Americans are filing bankruptcy, especially where many may be exempt from the actions of their creditors. Unfortunately, many of these older Americans choose to file to stop creditor harassment or file as a means of estate planning so their relatives do not have to “deal with the debt.” One common pitfall in bankruptcy that tends to harm elderly debtors or their family members is the creation of a life estate.
Life estates may pose a hurdle to elderly persons if they do not live in the home, but more often, the elderly person conveys real estate to a family member and reserves a life estate for him or herself. If the family member experiences financial difficulty, then the transfer of property may be an insurmountable obstacle in the family member’s bankruptcy case. This remainder interest in real property is an interest in real property that must be protected in a bankruptcy case. If the interest is unprotected, then the remainder interest becomes property of the bankruptcy estate, which causes problems for both the life estate holder and the remaindermen.
Under the Bankruptcy Code, the conveyance of a fee simple, reserving a life estate, acts as a present conveyance of the real property and, therefore, the real property becomes property of the bankruptcy estate. Rarely is it a problem to protect the debtor’s interest where the debtor is the holder of the life estate and where the debtor lives in the home of which he holds the life estate. (See Peoples’ State Bank v. Stenzel (in Re Stenzel), 301 F.3d 945, 948 (8th Cir. 2002). This debtor typically can exempt the interest in the life estate under the homestead exemption using federal or state exemptions. However, life estate issues arise when the life estate holder or the remainderman is a debtor who does not live in the home even where the debtor’s interest in the real property has not vested. See State ex rel. Cooper v. Cloyd, 461 S.W.2d 833, 838, 839 (Mo. en banc 1971). See also In re Dennison, 129 B.R. 609 (Bankr. E.D. Mo. 1991). In this scenario, the debtor’s interest cannot be protected using the homestead exemption and can be protected only under the wildcard exemption of the federal exemptions. 11 U.S.C. § 522 (d)(5).
Oftentimes, the value of the interest exceeds the allowable exemptions under the Bankruptcy Code. In these situations, the interest must be purchased from the bankruptcy estate or face the potential sale of the interest. For these reasons, life estates can be a tricky business in bankruptcy cases.
At administrative hearings with Social Security judges, our Hoglund lawyers argue disability methodically: (1) Diagnosis, (2) imaging studies to support the diagnosis, (3) examination findings, and (4) client testimony. Social Security’s decisions are primarily driven by medical treatment evidence. So, getting the right medical treatment can make or break a case.
Four questions arise most frequently from our clients about medical treatment:
① Should I tell my doctor about my psychological needs? Yes. Depression, for example, is common for those with chronic pain. I tell my clients to mention their legitimate concerns to their doctors.
② Should I treat for medical problems that doctors cannot fix? Yes. Some of our clients stop treating because medical care isn’t helping their symptoms, such as headaches. But avoiding doctors offers no medical proof for Social Security. Our clients should maintain appropriate doctor appointments at regular intervals. This has two benefits. One, it helps our clients’ doctors review the progress of the medical problems. Two, it helps Social Security judges verify these problems.
③ How much medical treatment should I get? Enough that doctors you trust are satisfied with your care. Don’t get treatment to “game” the system.
④ Should I call my Social Security attorney about whether to get surgery? No. While it is good to keep us up-to-date about medical problems, I tell my clients to consult with their physician about what medical decisions are best for them. Legally, Social Security judges will find the need for surgery relevant.
In short, clients should make good medical decisions to get better, not to get benefits.
If you are not our Social Security Benefits client yet, consult our law offices about your particular situation toll-free at: 1-800-850-7867.
Much attention has recently been given to the disastrous bankruptcy filing of Denny Hecker. Clearly, the Hecker case is not a run of the mill case; however average individuals contemplating bankruptcy should take note of the things which got Mr. Hecker in hot water. These things can happen to average individuals as well.
The most important lesson an average person should take from this case is that one should never attempt to hide assets in a bankruptcy. When an individual files a bankruptcy they are required to list all of their assets. Most people are allowed to keep their assets as long as they are properly disclosed. Not disclosing an asset will result not only in the loss of that asset, but may result in the revocation of one’s bankruptcy discharge. A discharge is the order given by the judge at the end of a bankruptcy which alleviates the bankruptcy filer’s obligation on his/her debts. If a discharge is revoked, the debtor will have a bankruptcy on their record and will still owe all of their debt.
Many people may wonder how a non-disclosed asset is discovered in a bankruptcy. Simply put, it’s not hard to find undisclosed assets. When a person files a bankruptcy, a trustee is assigned to his/her case. It is the trustee’s job to try to verify that a person has been truthful in disclosing his/her assets in the bankruptcy. The trustee will typically run a public records search on a bankruptcy filer; this search shows all car titles, boat titles and real property listed in the debtor’s name. The trustee will also examine bank records. These records will show if a debtor has recently been making large purchases.
In addition, a trustee will often review a divorce decree to see if assets have recently been awarded to the bankruptcy filer. A trustee may also get tips from creditors regarding potentially non-disclosed assets.
If a trustee finds a significant asset that has not been disclosed, the trustee may move to have the case dismissed.
Another lesson learned from the Hecker case which the average person should walk away with is that transferring assets to another person before filing a bankruptcy will not help an individual keep the asset. In fact it will cause significant legal issues for the person to whom the individual has transferred the property. It may also cause the individual filing to loss their discharge.
Top 7 Questions about Getting Social Security Benefits for Asthma & COPD
At administrative hearings with Social Security judges, our Hoglund Lawyers review and argue asthma and chronic obstructive pulmonary disease (COPD) claims for our clients in particular ways. Here are some answers to common questions from our clients at Hoglund Law Offices who cannot work due to asthma and other kinds of breathing problems. (You should get an attorney for advice that applies to you.)
7. What are Social Security disability benefits?
Social Security disability benefits (and Supplemental Security Income benefits) are monthly disability benefits payable to you if you are unable to work (or are expected to be unable to work) full-time for 1 year or more for medical reasons.
6. Can I apply if I can only work part-time?
Yes, but you cannot be going to work and regularly earning above certain monthly amounts. For 2010, this “substantial gainful activity” amount is $1,000 gross per month. This changes annually.
5. What does Social Security review in asthma claims?
In asthma and/or COPD claims, Social Security generally reviews:
Your diagnoses;
Your pulmonary function test results;
The frequency and severity of your asthma attacks or breathing issues; and
The nature of your treatment (such as ER visits, nebulizer treatments, etc.)
The most important documentation of your breathing issues comes from testing of your ability to breath with and without medications. Pulmonary function tests measure the amount and/or speed of air you can breathe in and out. Imaging studies may also reveal other kinds of structural breathing problems.
Important notes: Make sure to talk with your doctor about whether you should have pulmonary function tests and how often. Also, make sure to discuss any day-to-day breathing issues you are having with your doctor – including fatigue and shortness of breath. Logically, the more your doctor knows, the more your doctor can understand how you are doing on your current medications. This also creates a “track record” of how you are functioning when this comes up at Social Security hearings. Your Hoglund Law Offices attorney can explain more about this.
4. When does Social Security find disability in asthma and/or COPD cases?
The general rule of thumb is that the more your asthma limits your ability to function, the greater chance you will be found disabled. The Social Security Administration often looks to the frequency and severity of your asthma attacks and other breathing issues to determine whether your asthma significantly limits your ability to function. For example, if you have been hospitalized frequently (such as once every two months) for control of your asthma, or if you require an oxygen tank, it may be easier to prove why you cannot work full-time.
3. What factors does Social Security use in evaluating asthma/COPD cases?
Social Security focuses on objective findings that your doctors records from your medical appointments. Social Security calls these findings “listings.” Listings are found in Social Security’s regulations. The primary listing for disabling asthma is respiratory system listing 3.03. Note that it includes findings about your height because your testing results relate to your height.
Note: “Meeting” or almost meeting (“equaling”) the listing requirements below can allow an approval, but approval is also possible by proving you cannot medically work full-time. Listing 3.03 (set out below) gives you an idea about how Social Security evaluates asthma:
3.03 Asthma. With:
1. Chronic asthmatic bronchitis. Evaluate under the criteria for chronic obstructive pulmonary disease in 3.02A;
[3.02A states:]
A. Chronic obstructive pulmonary disease, due to any cause, with the FEV1equal to or less than the values specified in table I corresponding to the person’s height without shoes. (In cases of marked spinal deformity, see 3.00E.);
TABLE I
Height without shoes
(Centimeters)
Height without shoes
(Inches)
FEV1 equal to or less than (L, BTPS)
154 or less
60 or less
1.05
155 -160
61-63
1.15
161 – 165
64-65
1.25
166 – 170
66-67
1.35
171 – 175
68-69
1.45
176 – 180
70-71
1.55
181 or more
72 or more
1.65
OR
Attacks (as defined in 3.00C), in spite of prescribed treatment and requiring physician intervention, occurring at least once every 2 months or at least six times a year. Each in-patient hospitalization for longer than 24 hours for control of asthma counts as two attacks, and an evaluation period of at least 12 consecutive months must be used to determine the frequency of attacks.
[3.00C states that the “attacks” are defined as prolonged symptomatic episodes lasting one or more days and requiring intensive treatment, such as intravenous bronchodilator or antibiotic administration or prolonged inhalational bronchodilator therapy in a hospital, emergency room or equivalent setting. Hospital admissions are defined as inpatient hospitalizations for longer than 24 hours. The medical evidence must also include information documenting adherence to a prescribed regimen of treatment as well as a description of physical signs. For asthma, the medical evidence should include spirometric results obtained between attacks that document the presence of baseline airflow obstruction.]
2. Does age matter?
Yes. If you are 50 or older when Social Security reviews your claim, the legal standards (called “medical-vocational guidelines”) favor you over those younger than 50.
Important note: Your claim may take 2 or more years from when you apply. Consider that you may be 50 (and get the legal benefit of your age) at least by the time of a hearing. Your attorney should factor this in when evaluated your claim.
1. How can I make sure Social Security knows how bad my asthma and/or COPD is?
Social Security’s decisions are primarily driven by your medical treatment records. You should get the appropriate treatment with doctors and associated professionals that you trust. If you feel you are not getting relief for your breathing problems, mention your concerns to your doctor. Also, even if you have may have no immediate options for improvement, you should maintain at least some regular visits to your doctors so they can understand (and document) the progress of your problems over time. Your attorney can explain how this may impact the strength of your claim.
Remember, only a lawyer at a law firm can give you legal advice. If you wish to hire us, you can reach us at Toll-Free: 1-800-850-7867. Only a quarter of back-pay if you win!
A recent Supreme Court decision should allow for debtors in future bankruptcy cases to have more affordable payments. The Supreme Court in Hamilton v. Lanning has made a decision which should allow debtors to propose Chapter 13 payment plans which take the debtors’ actual income and expenses into account.
Prior to this decision, debtors’ Chapter 13 payments were calculated based on the “means test.” The means test essentially takes the six month period before debtors filed bankruptcy and uses the income earned during that period to determine what debtors should be able to afford to pay their creditors through their Chapter 13 plan. This number frequently does not reflect the debtors’ actual income or expenses. Often debtors finds that they can not afford to file a Chapter 13 case.
With this decision the number determined by the means test is now merely a starting point. Debtors may now more easily propose a plan that will take their current and future situation into consideration. This decision will give more discretion to the court to approve plans where the plan payments deviate for the means test calculation, but conform with the debtors actual current financial situation.
This change should allow more individuals to qualify to file a Chapter 13 and should increase the likelihood that those individuals will be able to successfully complete their plans.
Debts owed to ex-spouses through a provision in a hold-harmless provision in a divorce decree are automatically non-dischargeable in a bankruptcy filing, according to a court ruling.
A recent Court of Appeals decision (In re the Marriage of: Jason Paul East vs. Yvette Francis East, File No. 74-FX-05-000284) provides that the ex-spouse of an individual filing a bankruptcy does not need to make a formal objections to the discharge of obligations assigned to the filing former spouse through a marriage separation or dissolution proceeding. In others word, a hold-harmless obligation in the favor of a former spouse automatically can not be discharge through the bankruptcy.
The court stated that language used in the exception to discharge set forth in the Bankruptcy code, 11 U.S.C. Section 523(a)(15)(2006) is clear and should be interpreted as written.
The court also found the an aggrieved former spouse does not need to participate in the bankruptcy since the nondischargeablity of the debts outlined in a hold-harmless clause is automatic. The former spouse does not need to file an objection in the bankruptcy.
This case emphasizes the bankruptcy court’s limited ability power to undo the decisions made in a family court. A Chapter 7 Bankruptcy Proceeding can not provide relief for a debtor assigned debt through his divorce.
This decision should cause family law practitioners to pay special attention to the issue of debt assignment in a separation or dissolution proceeding.
After arguing Social Security benefits claims for clients with MS at hearings and in federal court, I have experienced some common difficulties with medical evidence in MS cases. Below are some of my recommendations that may strengthen your claim for disability benefits based on your MS symptoms.
Q. What are the requirements to be disabled under the Social Security Administration for MS?
A. The Social Security Administration evaluates MS under listing 11.09. To prove and be successful under the MS Listing, you have to meet 1 of the 3 criteria of the listing. Therefore, do not worry if you do not meet every criteria of the listing. You only have to meet one. Additionally, just because you do not directly meet one of the three requirements of the MS listing, you may still “equal” one of the three criteria. Equaling one criterion means that your MS symptoms do not meet the criteria directly, but they are close enough.
Please find the MS listing 11.09 (from federal regulations) below:
11.09 Multiple Sclerosis. With:
A. Disorganization of motor function as described in 11.04B;
Or
B. Visual or mental impairment as described under the criteria in 2.02, 2.03, 2.04, or 12.02;
Or
C. Significant, reproducible fatigue of motor function with substantial muscle weakness on repetitive activity, demonstrated on physical examination, resulting from neurological dysfunction in areas of the central nervous system known to be pathologically involved by the multiple sclerosis process. Hoglund Law Offices can explain how your neurologist can lay out your functioning levels for Social Security.
Q. How to prove that you have a disorganization of motor functions under “A” Criterion?
A. Generally, proving disorganization of motor functions means showing the Social Security Administration that you are having trouble moving around and/or you are having trouble using your hands and arms. The best ways to document difficulties with motor functions is, as mentioned above, to receive treatment from a neurologist. At your appointment with your neurologist, he or she should conduct a physical exam. This makes sure your records show objective problems (problems that are measureable). Furthermore, you need to thoroughly explain the difficulties you are having with your motor functions with your neurologist. Doctors take notes about what you say, and your doctor cannot document what he or she does not know.
Regardless of any condition you have, it is always important to receive regular medical treatment from your doctor. Every doctor visit you have creates a paper trail for the Social Security Administration to determine if your condition is getting better, staying the same, or getting worse.
Q. How can you prove a visual or mental impairment from MS under “B” Criterion?
A. Again, please report any complications you are having from your MS with your neurologist. Your neurologist will likely be able to refer you to another doctor that specializes in vision (an ophthalmologist) or mental health practice areas. Your neurologist will likely be able to run tests to determine if you are having any problems with your memory and concentration. Consider receiving treatment from a psychiatrist or psychologist if you have any ongoing concerns about your mental health. An MS diagnosis can be difficult. Psychiatrists and psychologists specialize in diagnosis, documenting, and treating symptoms such as depression and/or anxiety. Proving Criteria B (and any other criteria) for MS is about finding the best available medical treatment and exhausting all your reasonable medical treatment options.
Q. How can you prove fatigue under “C” Criterion?
A. Fatigue is a complication associated with MS. You may experience fatigue after a short period of exercise or after light household chores. Report any fatigue you are having to your neurologist. Additionally, you can ask your neurologist to conduct test to measure how easily your become fatigued. Your neurologist may be able to conduct a stress test or other tests to document how easily you become fatigued.
Fatigue must be documented and observed by your neurologist to help prove your MS meets the C Criterion of the MS listing. Keeping a daily journal regarding your activity and the fatigue associated with the activity could be helpful to not only lend credible to your Social Security claim, but could also help your neurologist understand and effectively treat your fatigue.
Q. What if my MS doesn’t fit the listing criteria?
A. You can still be approved if your MS affects your ability to keep up with the things you need to do day-to-day. In Social Security parlance, you may have difficulties with “persistence and pace.” Your doctor can explain how MS can play out differently in different people. Your Hoglund Law Offices attorney can explain how Social Security Rulings may allow you to be approved. Your attorney can also tell you how your absenteeism may exceed the vocational expert’s threshold at your hearing.
If you have MS and are still working, hopefully your symptoms allow you to work and do what you need to do day-to-day. It is good, though, to know what to expect if you can no longer work full-time and you are considering benefits. See our Hoglund Law Offices website about Substantial Gainful Activity to understand when your reduced monthly earnings may allow you to apply.
If you need a team of attorneys to help you with getting Social Security benefits, you can reach our law offices’ toll-free number at 1-800-850-7867.
A new set of rules regarding the impact of a bankruptcy on a mortgage modification has taken effect as of June 1. Under these rules, a bankruptcy will not disrupt a HAMP modification.
Before this rule change, the filing of a bankruptcy would often disrupt the modification process. A modification typically will take several months to get set up. After it is set up, there is often a trial period usually lasting about three months. After the trial period the modification would be made permanent.
It used to be the case that if a bankruptcy was filed before the modification was made permanent, that the bankruptcy would halt the modification and the process would have to be started again. A new rule prevents the disruption of this process by a bankruptcy filing. Now a person can file a bankruptcy without having the modification halted.
In addition these new rules make it so that a mortgage company can not deny a HAMP modification because of a debtor did not sign a reaffirmation agreement after a bankruptcy filing. (A reaffirmation agreement essentially pulls a loan out of a bankruptcy. If an individual signs a reaffirmation agreement, they fully obligate themselves on the debt again. This is not always in the best interest of the debtor and mortgage companies often do not offer reaffirmation agreements if a person is behind on his/her mortgage. In addition, some mortgage companies simply do not offer the agreements.) It used to be the case that if an individual filed a bankruptcy and did not reaffirm the mortgage, the mortgage company would refuse to work with the person on a modification. Mortgage companies are no longer allowed to use the bankruptcy and the subsequent failure to reaffirm the mortgage as a basis deny a person a modification. In other words, a person may still receive a HAMP modification following a bankruptcy.
The simple answer to this is “no, there are no debtor’s prisons.” Unfortunately, despite the lack of debtor’s prisons, some people are ending up in jail because of bad debt.
Minnesota law does not impose prison sentences because of bad debt, but Minnesota law which is rather pro-creditor provides a mechanism which allows a creditor to have a debtor arrested.
Creditors are able to manipulate Minnesota laws to apply pressure to debtors by having them arrested. The individual is not arrested for not paying a debt. They are arrested for contempt of court.
In Minnesota a creditor can sue an individual giving them notice of the suit through the mail. If the debtor does not read his mail carefully, the debtor might not even know he has been sued. In Minnesota a creditor can after not receiving a response from the debtor go to court and get a default judgment.
Once a creditor has a default judgment, he is able to send the debtor disclosure forms. If the forms are not filed out and returned to the creditor promptly, the creditor can have the debtor held in contempt of court and go back to court and request a bench warrant. These are given out as a regular course of business.
Once a bench warrant exists, different counties handle the matters differently. Some counties, for example Anoka County, have their police officers go out and actively seek the debtors. The debtors if found are arrested and dragged to jail where they are booked and detained. Often the debtor has to post bail. The bail is often set at the amount the debtor owes the creditor. Sometimes the debtor will be released without bail if the financial disclosure is filled out there and then.
Other counties, like Dakota County do not actively seek debtors, but will pursue the warrant if the debtor is stopped for another reason.
If you have fallen behind on your bills, it is imperative that you always read your mail. Not reading your mail can have severe consequences.
Never let your mail pile up. Never throw out your mail without reading it.
Since the radical changes in the Bankruptcy Code in 2005, many people incorrectly believe that credit cards can no longer be discharged in a bankruptcy. However, there is nothing in the specific nature of credit card debt that makes them nondischargeable in a bankruptcy. Section 523 (a) of the Bankruptcy Code sets out a variety exceptions to discharge that are based on the type of debt itself. Credit card debt is not one of them.
When credit card debt is accepted from discharge it will usually be based on the provision in Section 523 (a)(2) which deals with fraudulently incurred obligations made by the debtor. This provision is used mostly by credit card companies to object to the dischargeability of their particular obligations in a bankruptcy case. The focus of Section 523 (a)(2) is on the conduct of the debtor in how the debt itself was incurred.
Section 523 (a)(2)(B) applies to the debtor that provides a creditor with a written false financial statement. Section 523 (a)(2)(A) applies if the creditor alleges “false pretenses, a false representation, or actual fraud, other than a statement representing the debtor’s or an insider’s financial condition.” This requires that the creditor prove both the debtor’s intent to deceive and the creditor’s reasonable reliance on the representation. For example if a debtor made false representation when applying for a credit card, this would be a basis for the creditor to object to the discharge of that debt.
Another typical example of conduct which could result in the nondischargeability of debt would be when a debtor charges large amounts on the credit card right before filing bankruptcy. Essentially the creditor would argue that the debtor was aware of their inability to repay the debt when incurring the debt and, therefore, the incursion of the debt was in itself fraud.
A debtor could also draw objections from a creditor if the credit card debt was incurred by using the card for gambling.
Section 523 (a)(2)(C) addresses luxury goods and services and cash advances. Specifically, with consumer debts owed to a single creditor in excess of $550 incurred within 90 days of the filing of the bankruptcy case are “presumed nondischargeable.” In the same provision, obligations to pay cash advances of $825 obtained within 70 days of the bankruptcy filing are also “presumed to be nondischargeable.” This presumption can be rebutted by the debtor.
