Objections?!

[HopeinHorizon]

When do creditors usually object to their debt being non-dischargeable?

I am just curious, because I filed 10/14 and creditor meeting is 12/19, would they have already objected or will they wait until the 60 days after the meeting to do so?!?

Thanks for your help!

[bkfiler]

after. go read the 60 Day Club thread. that about sums it up

[edwards2]

Unfortunately bkfiler is correct. As a victim of the infamous last day letter from the U.S. Trustee just because the creditors dont object doesnt mean the trustee wont. We were under the same impression given we had not heard from any creditors or any contacted our lawyer and then...the day before our discharge we received a letter from the U.S. Trustee filing and being granted a motion to extend time on our case. The case was extended for a month and a half. I was a basket case to say the least. I should have known when our lawyer kept telling me to keep my fingers crossed...not exactly the ringing endorsement I was looking for. I felt confident we were on our way because the BK trustee seemed to accept our explanation, income, documents, etc. Another false sense of security I am sorry to say. Anyway, despite our story having a happy ending....we passed the 2004 exam with flying colors - you dont want to have to do this...it is a meeting one on one with the trustee. Good thing - it is informal - bad thing - it is your last shot other than appearing before the judge...The trustee is the 500 lb gorilla and can do anything he or she wants to. I knew she wielded a lot of power but had no idea until we met with her. Not trying to scare you - just dont want you to have false hope like we did. The only fly in the ointment is we did have an expense that was questionable - if you dont you can feel free to be more confident other than the fact you filed under the new law? and I filed under the old one. Regardless, good luck..

[Genenco]

When do creditors usually object to their debt being non-dischargeable?

I am just curious, because I filed 10/14 and creditor meeting is 12/19, would they have already objected or will they wait until the 60 days after the meeting to do so?!?

Thanks for your help!

Well, speaking from a different perspective here.

Years ago, I was working in the front yard, when the neighbors kids across the street were playing b-ball in their yard (They had biult a concrete slab and backboard) when the ball went and hit the window near the door.

Window was shattered and they put a piece of plywood in its place.

Now, speed up 6 months. A man came walking up the diveway and asked me if I could answer some questions. I agreed and then he said he was investigating a recent "break-in" to that same house. (It happened 3 weeks previously)

After I signed a "Witness Statement" he skipped merrily away and later I got a nice thank you ($50 gift certificate) explaining they had denied claim that the homeowner lied on the claim that the window WAS IN PLACE before it was broken. (Claim was for 4 figures was all letter said)

The homeowner dared not object, as they told him there was a witness to what actually happened, when it happened and that they'd be glad to testify in court.

Soooo...There is a chance that the reason is they may or may not have time then to look and depending on amount also.

[bkfiler]

hehe i cant believe the insurance company! thats too much!

[HopeinHorizon]

Ok, lets just say that a creditor does file an objection....

Does that mean I can say ok I will pay that debt, and everything else will be discharged?

The reason I ask is because I had a checking account that after all the bank fees was written off at 2300... I included it in my schedule for my bankrutpcy.

All this occurred in July after I had my gallbladder removed unexpectedly and couldnt work my second job (which I had taken to keep my head above water in the first place) for 8 weeks. I was also off my main job for 2 weeks. Sendetary vs. non sendetary is the reason one was 8 weeks and the other only 2 weeks...

Anyhow, the charges that went through were gambling charges, and there is barely 90 days before I filed bankrutpcy.

It seems to me the only way this account could be non-dischargeable is if the company proves fraud. In which case, I think it would be hard to do. I never paid any bills late EVER until September, when the gas shot up in price and my medical bills started coming in. I am hoping that past payment history, will keep me out of harms way, because it was obvious that I was trying to repay all debts....

Any thoughts or other viewpoints would help... I am starting to get really nervous because 12/19 is creditor meeting...

Thanks!

[bkfiler]

hoestly, there is no reason to worry. you owed it before so worst case you owe it again - but if you do then it will be most likely at half price or less and maybe on payments. thats the worst case. if this does happen then in the meantime the other debts are discharged anyway.

no one ever told me this either so a lot of worrying was taking place. dont worry. if they want to complain then they will call your attorney next.

if the trustees want to complain then its gonna be cuz they can find additional money to get from you then hold somethign else over your head so you will convert to chap 13.

everything is set in stone, the facts are the facts so nothing to worry about from here on out. thats how i view it anyways. maybe it will help you

[FoolAndHisMoney]

Ok, lets just say that a creditor does file an objection....

Does that mean I can say ok I will pay that debt, and everything else will be discharged?
The reason I ask is because I had a checking account that after all the bank fees was written off at 2300... I included it in my schedule for my bankrutpcy.

All this occurred in July after I had my gallbladder removed unexpectedly and couldnt work my second job (which I had taken to keep my head above water in the first place) for 8 weeks. I was also off my main job for 2 weeks. Sendetary vs. non sendetary is the reason one was 8 weeks and the other only 2 weeks...

Anyhow, the charges that went through were gambling charges, and there is barely 90 days before I filed bankrutpcy.

It seems to me the only way this account could be non-dischargeable is if the company proves fraud. In which case, I think it would be hard to do. I never paid any bills late EVER until September, when the gas shot up in price and my medical bills started coming in. I am hoping that past payment history, will keep me out of harms way, because it was obvious that I was trying to repay all debts....

Any thoughts or other viewpoints would help... I am starting to get really nervous because 12/19 is creditor meeting...

Thanks!

That's correct.

[edwards2]

HopeinHorizon...didnt mean to scare you with my story. Again, we were challenged because we had an expense that was "over the limit" approved for private school tuition. What we didnt know was that there was such a limit. We found that out when we met with the trustee in our 2004 Exam. In all of the postings I have read on BK forums there are very few people who have said that a creditor either showed up or objected to their discharge. It is more of an exception than the rule. Of course it does happen but not very often. The worse case scenario would be a matter of paying something back not completely disallowing your case. We were, however, in danger of having our case converted because if the trustee disallowed our expense we would have more disposable income and thus be thrown into a Chapter 13. Yours is not the case. In hindsight it would have been less upsetting for me had our lawyer "briefed" us(no pun intended) about what to expect and what the trustee was primarily objecting to. Had it not been for this forum and several others I would have been declared certifiable. For the zillionth time this board can be your lifeline...it sure was mine.

[HopeinHorizon]

Its ok, I was scared before anyone posted or responded, hence why now this is my 2nd freaking out post.

I just need someone to tell me, that I am not that big of a fish to the creditors, and that I am going to fly under the radar I guess even with my past history of gambling. I am freaking out for sure...

Only on two different accounts though... one is 1300 and the other is 2300... if I have to pay them back at a percentage, I still will be in a lot better financial health. I know the trustee really can't find anything to get money out of me, because I am broke to the fullest extent, I barely have a pot to pee in.... My worry is definitely the creditors...

Oh I can't wait until this is all over... how do people honestly get here twice?!? Everytime I think about bringing on debt, I am going to remember this misery...

[bkfiler]

it works like this.

if the charges are closer to the file date then the creditors are more apt to go after you if there is enough money to make it worth their while. 1300 would be enough but barley, so 2300 is enough for sure. it just depends on how they see your charges.

if they were cash advances at a casino for example will raise their eyebrows. if this is the case get to GA and start recovery before you are having to show that you are addicted for example. getting help after the fact doesnt help your case and sooner the better for you.

the farhter away from teh file date that that money was used then the less of a chance they will try to come after it. its a dying percentage game. the percentage dies down little by little as time goes on.

besides, no matter what you would make payments based on ability to pay mostly and at a smaller amount then the total more tehn likely. honestly, the bigger worry is if the trustee doesnt like your expenses listed and can find money for you to pay chap 13. thats a bigger problem then anythign else.

you dont want to know how much i owed creditors. it makes your amounts look like dinner money. i know how you feel though. however, your worst case sccenario is still better for you then before by far so dont worry. its all going to be ok regardless.

remeber that the rest gets discharged regardless of any creditor objections holding you up. then you and your attorney negotiate with them before going to trial which they dont want to do.

they just want their money. if its too close to the filing date or they can make it look like your swindled them then they try for it. your attorney knows how this works and if you should pay. dont worry.

keep us informed!

[HopeinHorizon]

So you think it looks better that I am addicted? I would think it would be better if I wasn't addicted... I don't know... I am just in a mess!

I think I am going to go to a GA meeting, but the next one isnt until the Tuesday AFTER my meeting... I do plan on telling the trustee that I am going to the meeting at 7:30 on December 20th if he asks... I hope that will appease him, and not look at me like I am the scum of the earth for being so stupid!!!

I really think I can cut the string on wasting money (gambling), half the reason I kept gambling was hoping I would get myself out of the mess I had gotten myself into... Instead I made it worse...

[bkfiler]

its better to make it look like what it is. no lying. it is what it is. but it better not be that you trying to defraud them of money. then it looks bad.

GA meetings are held everywhere all the time. if you do have an addiction you can drive to get to one anywhere and anyday i think.

gambling uses for the money have been challanged by the creditors. ive read many cases as such. one case the trustee mentioned that there is no evidence of a gambling addiction. in the follow up the attorney stated that the client is now going to GA meetings. the trustee converted it to a chapt 13 anyways. but remeber, the trustee only did this because the client had money to pay a chap 13. if you really dont have any money left after reasonable expenses then there really isnt a chance to be force into a chap 13.

as for creditors, who knows what they will except. i dont think they care about anything but the money and how a trial would help or hurt them. like i said its a game your attorney plays with them adn they play back. no one really knows because its all based on so many variables.

im more concerned about getting GA help if you have an addiction. the BK thing will work itself out and you will be happy in the end. that much i know.

[HopeinHorizon]

yea, besides those two accounts, everything was mainly dormant since March, of course I made all my payments every month leading up to the bankrutpcy too.... so for those accounts I don't foresee a problem.

I do have a gambling issue that will probably be addressed, because the last two years, I would say I have lossed around 10k to gambling... only 5k was listed on my schedule, because it wanted to know in the past year.... but obviously thats a pretty decent "issue"... if I had saved the 10k when I had surgery I would have came out alright... even not working the 2nd job...

My attorney did not seem worried, in fact all he said was stop gambling... I have for the most part, but I have kind of slid backwards the last few weeks... which is why I need to seek help...

I hope your right about being happy after all this BK stuff is done with...