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341 was 10 days ago. Now worried about potential objections

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  • 341 was 10 days ago. Now worried about potential objections

    Most of my debts are over a year old, but I took out a loan from a credit union for $9800 in April of 2012. This loan paid off 3 outstanding credit cards. When those credit cards were paid off, I foolishly used the balances.

    I filed on 8/21, so almost 5 months after I opened the $9800 loan.

    Anyways, my 341 was on 9/20. Now I'm worried about that credit union objecting to my discharge because it was for a large amount.

  • #2
    If your 341 was on the 20th (last Thursday), it was only 7 days ago not 10.

    So, the credit union has 53 days left to file an objection (a little longer if day 60 lands on a weekend or holiday). Credit unions do tend to be punitive as they are working for their members.

    What did your attorney say about the likelihood of the credit union filing an objection? Honestly, I would be surprised if they did not file one.
    ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
    Not an attorney - just an opinionated woman.

    Comment


    • #3
      Attorney said he doesn't expect any objections. Thinks if they were going to object, they would have almost certainly come to the 341.

      Comment


      • #4
        Well, local attorneys tend to know who does what... so if he doesn't think so then hopefully they won't.

        Try to relax and keep busy. Time seems to both fly and drag when you are waiting for your discharge.
        ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
        Not an attorney - just an opinionated woman.

        Comment


        • #5
          Now BK attorney says he would welcome an objection, and that the presumption of abuse is 90 days. The burden of proof would shift to the creditor. What would they have to prove? That I was in financial distress? Why would they lend to someone in financial distress in the first place? Would a credit union take the risk of filing an adversary proceeding if they had the burden of proof shifted to them?

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