Central District Consumer Bankruptcy Attorney's Association

Posted: **Tue Jan 08, 2008 2:39 pm**

I see no reason why school expenses paid with a credit card would be nondischargeable. I think Hale's response is to a separate question of whether a nondischargeable student loan paid off with a credit card would be nondischargeable such as when nondischargeable taxes are paid off with a credit card. I'm not aware of anything in BAPCPA which added anything for student loans comparable with Section 523(a)(14) on taxes.
James R. Selth
Weintraub & Selth, APC
12424 Wilshire Blvd., Suite 1120
Los Angeles, CA 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
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To:
Sent: 1/07/2008 3:32PM
Subject: [cdcbaa] payment of school debt with credit card
>> Happy New Year, all...
>>
>> If a debtor pays for educational expenses with a credit card, is that debt
>> non-dischargeable as to the credit card company? i.e. is this the same as paying
>> non-dischargeable taxes with a credit card?
>>
>> ______________________
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)509-1460 (fax)
>> web: http://www.bklaw.com/
>> This Firm is a Qualified Federal Debt Relief Agency
>> ___________
>> NOTICE: This Electronic Message contains information from the law office of Mark J.
>> Markus that may be privileged. The information is intended for the use of the
>> addressee only. If you are not the addressee, note that any disclosure, copy,
>> distribution or use of the contents of this message is prohibited.
>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
>> the IRS, we inform you that any U.S. tax advice contained in this communication (or in
>> any attachment) is not intended or written to be used, and cannot be used, for the
>> purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting,
>> marketing or recommending to another party any transaction or matter addressed in
>> this communication (or in any attachment).
>>
I see no reason why school expenses paid with a credit card would be nondischargeable. I think Hale's response is to a separate question of whether a nondischargeable student loan paid off with a credit card would be nondischargeable such as when nondischargeable taxes are paid off with a credit card. I'm not aware of anything in BAPCPA which added anything for student loans comparable with Section 523(a)(14) on taxes.

James R. Selth
Weintraub & Selth, APC
12424 Wilshire Blvd., Suite 1120
Los Angeles, CA 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net

NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.

--- Original Message---
To:
Sent: 1/07/2008 3:32PM
Subject: [cdcbaa] payment of school debt with credit card

>> Happy New Year, all...
>>
>> If a debtor pays for educational expenses with a credit card, is that debt
>> non-dischargeable as to the credit card company? i.e. is this the same as paying
>> non-dischargeable taxes with a credit card?
>>
>> ______________________
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)509-1460 (fax)
>> web: http://www.bklaw.com/
>> This Firm is a Qualified Federal Debt Relief Agency
>> ___________
>> NOTICE: This Electronic Message contains information from the law office of Mark J.
>> Markus that may be privileged. The information is intended for the use of the
>> addressee only. If you are not the addressee, note that any disclosure, copy,
>> distribution or use of the contents of this message is prohibited.
>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
>> the IRS, we inform you that any U.S. tax advice contained in this communication (or in
>> any attachment) is not intended or written to be used, and cannot be used, for the
>> purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting,
>> marketing or recommending to another party any transaction or matter addressed in
>> this communication (or in any attachment).
>>

The post was migrated from Yahoo.

Posted: **Mon Jan 07, 2008 4:01 pm**

Also, as a somewhat related question: are debts owed to a school for fees, etc. which were NOT loans received by the debtor, dischargeable? I believe they are.
______________________
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency
___________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Monday, January 07, 2008 3:54 PM
Subject: RE: [cdcbaa] payment of school debt with credit card
I believe this is unsettled after BAPCPA, and a good argument can be made that it's dischargeable. In other words, a distinction from taxes. Hale
Mark JM
Sent: Monday, January 07, 2008 3:32 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] payment of school debt with credit card
Happy New Year, all...
If a debtor pays for educational expenses with a credit card, is that debt non-dischargeable as to the credit card company? i.e. is this the same as paying non-dischargeable taxes with a credit card?
______________________
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency
___________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

Also, as a somewhat related question: are
debts owed to a school for fees, etc. which were NOT loans received by thedebtor, dischargeable? I believe they are.

______________________Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173 (818)509-1460 (fax)web: http://www.bklaw.com/This Firm is aQualified Federal Debt Relief Agency___________NOTICE: This Electronic
Message contains information from the law office of Mark J. Markus that may be
privileged. The information is intended for the use of the addresseeonly. If you are not the addressee, note that any disclosure, copy,
distribution or use of the contents of this message is prohibited.IRS
CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS,
we inform you that any U.S. tax advice contained in this communication (or in
any attachment) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or
matter addressed in this communication (or in any attachment).
----- Original Message -----
From:
Hale Andrew
Antico, Esq.
To: cdcbaa@yahoogroups.com
Sent: Monday, January 07, 2008 3:54
PM
Subject: RE: [cdcbaa] payment of school
debt with credit card

I believe this is unsettled after BAPCPA, and a good
argument can be made that it's dischargeable. In other words, a
distinction from taxes. Hale

From:
The post was migrated from Yahoo.

Posted: **Mon Jan 07, 2008 3:54 pm**

charset="US-ASCII"
I believe this is unsettled after BAPCPA, and a good argument can be made
that it's dischargeable. In other words, a distinction from taxes. Hale
_____

The post was migrated from Yahoo.

Posted: **Mon Jan 07, 2008 3:32 pm**

Happy New Year, all...
If a debtor pays for educational expenses with a credit card, is that debt non-dischargeable as to the credit card company? i.e. is this the same as paying non-dischargeable taxes with a credit card?
______________________
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency
___________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).
Happy New Year, all...If a debtor pays for educational expenses
with a credit card, is that debt non-dischargeable as to the credit card
company? i.e. is this the same as paying non-dischargeable
taxes with a credit card?

______________________Mark J. MarkusLaw Office of Mark J.
Markus11684 Ventura Blvd. PMB #403Studio City, CA
91604-2652(818)509-1173 (818)509-1460 (fax)web: http://www.bklaw.com/This Firm is aQualified Federal Debt Relief Agency___________NOTICE: This Electronic
Message contains information from the law office of Mark J. Markus that may be
privileged. The information is intended for the use of the addresseeonly. If you are not the addressee, note that any disclosure, copy,
distribution or use of the contents of this message is prohibited.IRS
CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS,
we inform you that any U.S. tax advice contained in this communication (or in
any attachment) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or
matter addressed in this communication (or in any
attachment).

The post was migrated from Yahoo.