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Why would creditor appear at 341?

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    Why would creditor appear at 341?

    I have my 341 scheduled for December 23rd and just checked Pacer to see how things were listed.

    I noticed a creditor is sending a lawyer to my meeting.

    What purpose would this serve? What sort of questions is this lawyer going to ask me? The debt is less than $5k from this creditor but obviously I'm a bit concerned as I barely made the cut for Chapter 7 through the means test.

    Any comments are appreciated!

    #2
    Possibly to reaffirm the debt with you. Who is the debt with? When was the last time you used the creditor to make a purchase?
    9/22/2009 - officially filed chapter 7
    11/03/2009 - scheduled 341 - COMPLETED
    01/04/2010 - last day for objections
    01/11/2010 - DISCHARGED & CLOSED

    Comment


      #3
      It's with a credit union on a line of credit. I used it once about 2 years ago and have been paying pretty close to the minimums since the beginning. Then once I started getting into trouble I would start tapping into it.

      But I haven't touched it in at least 6-8 months. And even those times that I did it was at around $100 at a time.

      Comment


        #4
        Credit Unions are funny like that. I wonder if you have any cross collaterization that they might be after?

        From what you have said you should not worry too much because you are way past what the law requires in wait time for that amount of 100.00. What was the total amount you took in the beginning 2 years ago?

        Comment


          #5
          Originally posted by Bandit View Post
          Credit Unions are funny like that. I wonder if you have any cross collaterization that they might be after?

          From what you have said you should not worry too much because you are way past what the law requires in wait time for that amount of 100.00. What was the total amount you took in the beginning 2 years ago?
          Actually I checked my records and it was four years ago. I applied for an amount of $4000. If I remember correctly I did have to list my "assets" which were things like furniture, electronics, and clothing.

          What I own is worth less than that loan so hopefully it should put me in the clear. Let's see...

          Comment


            #6
            You should do fine, trying_to_fix

            Keep us posted on why they come later. I am interested.

            Comment


              #7
              Originally posted by Bandit View Post
              You should do fine, trying_to_fix

              Keep us posted on why they come later. I am interested.
              Will do...By the way, I've got Smokey & the Bandit on DVD !!!

              Comment


                #8
                Had a credit union show up at mine - they wanted reaffirmation agreements.
                Filed Ch 7 -- July 9, 2008
                341 mtg ---- August 14, 2008
                Discharged ---- October 17, 2008
                Closed --------- December 11, 2009!

                Comment


                  #9
                  did you sign the reaffirmation agreement?

                  also why would you sign if it is something you are trying to discharge? or did you have collateral. Could my mortgage company show up to get me to sign one because my answer will be no...

                  B
                  B x
                  filed Ch 7 Oct 31st 2008.
                  341 Dec 10th 2008.
                  DiSCHARGED Feb 10th 2009

                  Comment


                    #10
                    what do you tell them if you don't want to reafirm? Doesn't make sense why you would want to though? Maybe to keep your membership with them?
                    9/22/2009 - officially filed chapter 7
                    11/03/2009 - scheduled 341 - COMPLETED
                    01/04/2010 - last day for objections
                    01/11/2010 - DISCHARGED & CLOSED

                    Comment


                      #11
                      Originally posted by PoorGrammyinBK7 View Post
                      Had a credit union show up at mine - they wanted reaffirmation agreements.
                      that explains it. you did not have to reaffirm, did you?

                      Comment


                        #12
                        Originally posted by trying_to_fix View Post
                        Will do...By the way, I've got Smokey & the Bandit on DVD !!!
                        I just got that one a couple of months ago. I love that black transam.

                        At least you get to keep all your DVDs...that is one good thing.

                        Comment


                          #13
                          Once I started doing some research that's what I got to thinking...Maybe they want someone there to represent them to force me to reaffirm. But I don't have to agree to anything correct? Especially since the assets I listed on that loan are exempt within the context of the BK.

                          As for whether I'd like to remain a member there, I could actually care less so that's no loss for me.

                          Comment


                            #14
                            I think they show up for the intimidation factor. I don't mean that they will actually do anything to intimidate you but as nervous as everyone is at that time, them just showing up is enough to freak most people out.

                            We had American General show up asking if we were going to reaffirm our loan with them. The balance at the time was about $1100 and they wanted the 2 computers that we put downas collateral. I told themm the one died and I got rid of it and the other was 6 years old and I could replace it on ebay for under $150. So, um, NO!

                            They said they wanted to arrange a time to pick it up and would call to arrange a time. I wish they would of but my lawyer filed a motion that the computer was untouchable as we exempted it under the BK laws. They never responded, the motion was granted and we never heard from them again.

                            I was pretty freaked out when I found out they were there but it wasn't a big deal. I realized they were just trying one last ditch effort to try and get paid and I wasn't paying them. Hubby was impressed with how many ways I found to tell them to get lost while not losing my cool.

                            -TS

                            Comment


                              #15
                              Originally posted by ThreadsSnapping View Post
                              I think they show up for the intimidation factor. I don't mean that they will actually do anything to intimidate you but as nervous as everyone is at that time, them just showing up is enough to freak most people out.

                              We had American General show up asking if we were going to reaffirm our loan with them. The balance at the time was about $1100 and they wanted the 2 computers that we put downas collateral. I told themm the one died and I got rid of it and the other was 6 years old and I could replace it on ebay for under $150. So, um, NO!

                              They said they wanted to arrange a time to pick it up and would call to arrange a time. I wish they would of but my lawyer filed a motion that the computer was untouchable as we exempted it under the BK laws. They never responded, the motion was granted and we never heard from them again.

                              I was pretty freaked out when I found out they were there but it wasn't a big deal. I realized they were just trying one last ditch effort to try and get paid and I wasn't paying them. Hubby was impressed with how many ways I found to tell them to get lost while not losing my cool.

                              -TS
                              I emailed my lawyer about this today as I received a letter stating that they would show up.

                              Hopefully he'll tell me the same thing...don't worry about it!

                              I'll make sure to keep my cool when they're bugging me!

                              Comment

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