Radio voice Tom Martino landed another victory Thursday when a bankruptcy judge denied efforts by credit card behemoth Bank of America to collect.

U.S. Bankruptcy Judge Michael Romero ruled the credit card company, operating as FIA Card Services, could not collect on $13,000 in charges Martino made on luxury trips he took just before filing bankruptcy in September 2011.

In an oddball twist, FIA walks away empty-handed from a debt Martino said he was too-happy to pay earlier, but which the credit card company refused.

Romero noted Martino’s attempts to pay the tab despite his bankruptcy as proof of his intent, and FIA’s inability to prove Martino was trying to avoid paying because of those efforts.

Martino said he’ll still cover the tab — to a charity.

“This credit card case is unfortunate for all consumers because I pleaded with Bank of America to take my payment — but instead they chose to accuse me of fraud and would not accept payment unless I went along with their ridiculous accusations,” Martino said in an email to The Denver Post. “Now, I’ll donate that money to charity.”

He said he wasn’t sure if it would be one charity or several. Martino owns the Make It Right Foundation, but it is a non-profit corporation, not a charity.

Credit card debt is generally dischargeable in bankruptcy cases because it is unsecured. However, that changes if charges are made to an account in the time before a bankruptcy is filed.

Credit card companies can assert a debtor is merely “loading up” before filing for protection, knowing the charges are likely to go unpaid. Charges deemed to be a luxury, or unnecessary for daily living, can be contested and collected.

In Martino’s case, he was on a trip to New York City when his bankruptcy was filed Sept. 2, eating at some of the city’s toniest restaurants and racking up tabs totaling more than $2,000 in just four days.

He also took a family vacation to the Cayman Islands and paid for helicopter travel around the Denver area.

But, Martino said he tried to pay but FIA refused. The reason: the bank claimed the bankruptcy filing prevented them from accepting payment.

“Once again, when the facts were laid out in court, the facts support my contention that I never committed fraud, nor intended to commit fraud when filing bankruptcy,” Martino said in the email.

The victory comes just two days after landed his biggest victory: an admission by First Citizens Bank & Trust that no fraud or deception existed when Martino acquired $3.7 million in loans he’d personally guaranteed.

“As I have said from the beginning of this unfortunate event in my life, all of my debt came as a result of the downturn in real estate. It was not as a result of me not paying my bills or hiding money,” Martino wrote in the email.

Martino settled the bulk of his bankruptcy in February for $3.6 million, to include monthly payments of $18,000 and handing over tax refunds for three years.

“I have gone through the most comprehensive investigation in Colorado bankruptcy history and have paid the largest settlement in Colorado Chapter 7 Bankruptcy history — as well I should have,” Martino wrote. “I never contended I was broke. I simply did not have enough money to meet the real estate debt that came due when two banks were closed and payment came due all at once.”

Martino is not broke.

His bankruptcy paperwork shows he nets nearly $90,000 every month — after all his expenses are paid.

David Migoya: 303-954-1506, dmigoya@denverpost.com or twitter.com/davidmigoya