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Can I Discharge My Gambling Debts In Bankruptcy?

By Scott Riddle on October 22, 2015
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GamblingGeorgia is not a big (legal) gambling state, other than the state sponsored Georgia Lottery, and most gambling is done on a cash basis.  However, occasionally clients do come in with some gambling debts to include in their Bankruptcy case.  In one case, a person made enough trips to casinos in Las Vegas that he was able to get a line of credit at one of them.  More commonly, the gambling debts are not to casinos but instead are to credit card companies for cash advances lost at the tables.  Can these debts be discharged in Chapter 7 or Chapter 13?

In general, debts that arise from legal gambling are dischargeable the same as any other consumer debt.  The casino made the decision to extend credit and take the risk the same as any traditional lender.  Similarly, credit card issuers generally do not police how and where you spend the cash advances — they just want you to pay them back, with interest.  There are very important exceptions that apply to gambling and most other consumer debts.  If you lie on the loan or credit application, such as inflating your income or assets, it is considered fraud and the debt may be excepted from your discharge.  If you take cash advances or run up credit cards just before filing for Bankruptcy, or knowing that you are going to file for Bankruptcy, then those debts may be excepted from your discharge.  Again, these exceptions apply to all consumer debts and not just gambling debts, so there are not special rules for gamblers.  As long as you otherwise qualify as the “honest debtor” entitled to a discharge, the fact that some of your debts may be from legal gambling should not be a problem.

Photo of Scott Riddle Scott Riddle

Scott Riddle has over thirty years’ experience in Bankruptcy and business and real estate litigation and has represented individuals and businesses throughout Georgia and several other states. Scott graduated from The University of North Carolina at Chapel Hill with a BSBA in 1987…

Scott Riddle has over thirty years’ experience in Bankruptcy and business and real estate litigation and has represented individuals and businesses throughout Georgia and several other states. Scott graduated from The University of North Carolina at Chapel Hill with a BSBA in 1987 and received his JD, with honors, in 1991 from the UNC School of Law. After graduation from law school, Scott served as a judicial law clerk for Judge W. Homer Drake, Jr., United States Bankruptcy Judge for the Northern District of Georgia. He then spent several years in the Bankruptcy and litigation sections of a large international law firm based in Atlanta prior to starting his own firm.

Scott is admitted to practice before the Supreme Court of Georgia, Georgia Court of Appeals, Eleventh Circuit Court of Appeals, and U.S. District and Bankruptcy Courts for the Northern, Middle and Southern Districts of Georgia. He has also been admitted to practice pro hac vice in the courts of several other states.

Scott has spoken at several continuing education seminars, and in the community, has been a member of the Kiwanis Club, Buckhead Business Association, Rotary Club and North Point Community Church. He has been cited in several publications, including the Wall Street Journal Online, Atlanta Journal-Constitution, Atlanta Business Chronicle, Fulton County Daily Report, and CNN.com. Scott is a member of the State Bar of Georgia (Bankruptcy and Litigation Sections), served several terms on the Board of Directors of the Bankruptcy Section of the Atlanta Bar Association, and is a member of the Georgia Chapter of the Turnaround Management Association and the American Bankruptcy Institute.

Away from the office, Scott is very active in his community. In addition to volunteering with local charities, Scott has participated and led mission and relief trips to orphanages in Russia and Romania, conducted English camps in Romania and Poland, participated in earthquake relief projects in Haiti, and participated in, and helped organize, an earthquake relief trip to Chile. He also supports Lighthouse Family Retreats, and participates in weekend retreats for children suffering from cancer and their families.

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  • Posted in:
    Bankruptcy
  • Blog:
    Georgia Bankruptcy Law Network
  • Organization:
    The Law Office of Scott B. Riddle
  • Article: View Original Source

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