Creditor objections

[sofarindebt]

What are the chances I will have creditors object in my bankruptcy?

All of our debt was incurred since January 2006, the last one I took out was beginning of October, and we intend to file in January 2007.

At least 3 of these cards we have never even made one payment on........does it happen very often that they object?

Also, over the phone a couple of times, I gave a false income. Can they prove this since I never "filled out" an application?

[FoolAndHisMoney]

What are the chances I will have creditors object in my bankruptcy?

All of our debt was incurred since January 2006, the last one I took out was beginning of October, and we intend to file in January 2007.

At least 3 of these cards we have never even made one payment on........does it happen very often that they object?

Also, over the phone a couple of times, I gave a false income. Can they prove this since I never "filled out" an application?

It's not easy to answer this since every creditor is different. I would say that waiting as long as you can may be your best bet. I don't know how they will look at you using credit and not making a single payment on it. If anything would raise a flag it would be that.

[HHM]

First question...

What did you use the credit cards for...?

Regardless of what you used them for, you are dangerously close to a text book BK fraud case, so without knowing more, I'd say your chances of getting an objection (or worse) are "more likely than not". Also, since you never made a payment, I can almost guarantee that those three cards will object, and your going to lose those cases 99% of the time. Moreover, lying about your income is text book fraud...and any half way decent lawyer will be able to work around and prove beyond a preponderance of evidence that you lied about your income, if that is indeed the case. Any false statement made by a debtor when applying for credit is grounds for an objection to discharge (reliance by the creditor is presumed).

However, if you stop using your credit today...you will need to wait 90 days before filing BK, waiting the 90days at least gives you the benefit that the charges will not be "presumed" fraudulent, thus, the debtor would have to prove fraud, however, you have made that pretty easy for the creditors.

Incidentally, have you spoken to an attorney yet, and told them "everything". You should probably schedule a consult, tell the attorney everything, and see if BK is really even an option for you under the circumstances.

Note, often times those phone calls are recorded, especially, if the calls are for the purpose of applying for credit.

[9877donna]

What are the chances I will have creditors object in my bankruptcy?

All of our debt was incurred since January 2006, the last one I took out was beginning of October, and we intend to file in January 2007.

At least 3 of these cards we have never even made one payment on........does it happen very often that they object?

Also, over the phone a couple of times, I gave a false income. Can they prove this since I never "filled out" an application?

If you made application for 3 cards you never made one payment on and now are filing BK it is definitely going to look like your 'Intent' was not to pay these cc's back at all.
Giving 'false income' on a credit card application is not a smart move.Wether the CC will file an adversary proceeding with the BK court is very hard to tell.
No definite answer there.
But when you applied for three credit cards and never made one payment on them that definitely shouts 'fraud' or 'intent not to pay'....
As the above poster stated I would get a free consultation with a few attorneys and get some legal advice.
Good Luck.
Donna