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    Creditor Objections?

    If I cash advance a card for say 10k and deposit it in my checking account. Then cash advance a different card for 5k and deposit it in a different checking account. Then over several months time I transfer $ from one account to another. If after several months of mixing this money I end up cutting a check for something like a new roof for 3k-4k how would they object to it? It's not like a charge on a credit card. I really don't know whose $ it is, so who would object?

    #2
    Originally posted by metoo View Post
    If I cash advance a card for say 10k and deposit it in my checking account. Then cash advance a different card for 5k and deposit it in a different checking account. Then over several months time I transfer $ from one account to another. If after several months of mixing this money I end up cutting a check for something like a new roof for 3k-4k how would they object to it? It's not like a charge on a credit card. I really don't know whose $ it is, so who would object?

    so is this story just for discussion or are you actually a thief? Lets not screw it up for us honest folks k? If you need the roof fixed just get it fixed. You make it sound like your plotting to maximize your take before BK
    BTW anything I say here is just me yapping based on my experience. Your milage may vary.

    Comment


      #3
      I don't think we are here to give advice on how to commit fraud
      Chapter 7 filed 10/21/2008
      341 - 11/26 went smooth NO ASSET
      Took 115 days after 341 - But Finally DISCHARGED 3/25/09

      Comment


        #4
        The two original credit cards would object to it, if it's within the 90 days. It has nothing to do with WHERE the money goes, but where it comes from.

        They can object to any large amount $$$ within the 90 days that comes from their card.

        I'm a little amused at people who charge off 100k etc getting huffy about your case.
        Read the Blog: My Personal Experience With Bankruptcy

        Comment


          #5
          Not trying to commit anything! Just asking a simple question. If money has been cash advanced and co-mingled with other money how does a creditor object to what the pool of money was spent on? No devious plot just asking a question. My roof is fine and I did not cash advance any cards. Just trying to understand who objects to what. I'm sure a trustee will comb through bank statements looking for nonsense. But if money is mixed up with other money can an individual creditor object?

          Comment


            #6
            hmm well do you understand my answer??

            They don't object to how it was spent, but they object to being chrged off as part of the bankruptcy. Theres a sticky thread up top about creditor objections that I found very informative.
            Read the Blog: My Personal Experience With Bankruptcy

            Comment


              #7
              Just put the roof on one of the cards Its a necessary expense and most likely would not be objected to.
              They have to prove fraud
              Like you took the loan with no intent to repay. So make a couple of payments before you file
              Chapter 7 07/30/2008
              341 09/17/2008
              Discharge 11/21/2008

              Comment


                #8
                Originally posted by metoo View Post
                Not trying to commit anything! Just asking a simple question. If money has been cash advanced and co-mingled with other money how does a creditor object to what the pool of money was spent on? No devious plot just asking a question. My roof is fine and I did not cash advance any cards. Just trying to understand who objects to what. I'm sure a trustee will comb through bank statements looking for nonsense. But if money is mixed up with other money can an individual creditor object?

                i think the thing thing would object to is large cash advances; if it's within 90 days of your filing they will most likely object. They won't care what it was spent on (or ask you to prove it) they will just say that it needs to be paid back. The other way they may object is if they can prove that you were insolvent at the time of the cash advances (or that you knew you would soon be insolvent) or on the basis of fraud (like if you knew you would be filing for BK soon). I haven't seen anywhere that they ask what you spent the money on- they basically don't care. So i wouldn't be concerned with that. As long as your nose is clean in respect to the other issues, the hypo question would be okay (i guess, lol).
                Filed Pro Se: 10/16/2009
                341 Scheduled: 11/23/2009
                Last Day for Objections: 1/22/2010
                Discharged: 1/28/2010

                Comment


                  #9
                  Originally posted by metoo View Post
                  Not trying to commit anything! Just asking a simple question. If money has been cash advanced and co-mingled with other money how does a creditor object to what the pool of money was spent on? No devious plot just asking a question. My roof is fine and I did not cash advance any cards. Just trying to understand who objects to what. I'm sure a trustee will comb through bank statements looking for nonsense. But if money is mixed up with other money can an individual creditor object?
                  Objections are for non dischargeable debt
                  Fraud
                  Most back taxes
                  Student loans
                  Those are the big ones.
                  Chapter 7 07/30/2008
                  341 09/17/2008
                  Discharge 11/21/2008

                  Comment


                    #10
                    Originally posted by TEW View Post
                    Objections are for non dischargeable debt
                    Fraud
                    Most back taxes
                    Student loans
                    Those are the big ones.

                    but they can still object because of fraud or being insolvent at the time of purchase, correct? Otherwise everyone would rack up all their credit cards and then just file.
                    Filed Pro Se: 10/16/2009
                    341 Scheduled: 11/23/2009
                    Last Day for Objections: 1/22/2010
                    Discharged: 1/28/2010

                    Comment


                      #11
                      Originally posted by jribe View Post
                      but they can still object because of fraud or being insolvent at the time of purchase, correct? Otherwise everyone would rack up all their credit cards and then just file.
                      Chapter 7 07/30/2008
                      341 09/17/2008
                      Discharge 11/21/2008

                      Comment

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