Objection to Discharge

[newstart]

I have a question regarding an objection to discharge: If a creditor objects to my bk before my discharge date of 2/18/06, what happens? what is the process and could 1 creditor have your bk thrown out?

[StaciMM]

The creditor can only object to the debt you owe them, and in most cases, only to certain amounts of it. Such as-you owed Citi $5,000 from ongoing usage, interest, etc. but none of that is cash advances or recent large purchases. In June, you do a $2500 cash advance and file for BK in August. Citi could object to the $2500, and at worst you'd end up needing to repay the $2500 plus interest. It would not impact the other balance on that account, or any other accounts.

[bkfiler]

the rest the of bk proceeds as normal and can even reach and be given a discharge on everything else. when a creditor objects formally with the court then it is like a lawsuit within your bankruptcy and you fight it accordingly.

usually if a creditor thinks he has grounds to fight, or just wants their money they target specific amounts within the total you owe them, not the whole thing. and that amount is fought about, not the entire balance. also, the creditor usually contacts your attorney first to settle. they dont go formal right off the bat.

the farther away the charges are from the petition date the less likey they are to object. 6 months and more with payments made for 6 months after that to the date you file means they are less likley to be able to prove its fraud on you case. however, some do go back 1 year+. they can do whatever they want. the problem is they have to pay money to fight these things and if you dont have the money anywas its like throwing more money at you when they know it cant get paid.

remember though that it costs money to fight these things. if you have an attorney they are less likey to come after you but they still do of course. and also remeber that if you for example owed them $3000 and you decided to settle then your attorney could settle for $2500 or $1500, and this could be on payments and could even be without interest as well. its all up to how you settle it with them.

i told my attorney to make sure he told them right off the bat without even asking me that i would automatically fight them with all i had and made each month even it it was more costly then topay them. also that i would pay their cab fare to 'go to hell!'

having said that, of course its just a ploy. you would have to look at what they offer and see what they take. its just business with bastards. thats all.

how often to motions to object to discharge happen? not very oftern at all considering the number of cases filed. seems to me like 1 out of 1000 cases seem to have an objection. of course thats a best guess becuase i dont have numbers in hand.

bottom line. you owed the money before anyways, so who cares, dont worry about it. worst case you still owe it with the same interest. best base you owe 35%-%75 of it without interest and maybe with payments too.

[down @ out]

You know at the end of the day they can all go to hell. None of us filed bankruptcy just for kicks. If someone committed fraud well they should be locked up but baring that I have reached the conclusion I will fight them to the bitter end if they want to go to war.

I have a list of questions ready to go and my goal would be to burn up at least 10K of their money in any action.

Once that is done if I win well great if not they won`t get a cent you can take that to the bank.

If you back down to these jackels you maybe right back where you started.

Good luck and Merry Christmas

[FDNYLadder124]

You know at the end of the day they can all go to hell. None of us filed bankruptcy just for kicks. If someone committed fraud well they should be locked up but baring that I have reached the conclusion I will fight them to the bitter end if they want to go to war.

I have a list of questions ready to go and my goal would be to burn up at least 10K of their money in any action.

Once that is done if I win well great if not they won`t get a cent you can take that to the bank.

If you back down to these jackels you maybe right back where you started.

Good luck and Merry Christmas

Amen Bro, I'll drink to that!
TonkaTruck