Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Question about Adversary Proceedings

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  • Question about Adversary Proceedings

    I have a couple of questions. We are going to file chap 7 in a few months, we already spoke to an attorney on Monday, and of course, my neurotic, paranoid mind didn't even think of any of this until I started reading more!
    So here goes.

    A bulk of our credit cards are in my name. My husband filed chap 7 about 10 years ago, and I always had perfect credit. A few of the cc were obtained while I was working full-time making a good living. Some were obtained while working part-time, and a few were obtained while I was a stay at home mom. Anytime the income amount was asked I always would answer with our "household" income amount. So, now I am double thinking everything, and now I am VERY worried that the cc companies will file Adversary proceedings for fraud about the income question. My husband was always an authorized user on these cards if that matters. But I am also trying to think if the box asked for YOUR annual income or annual HOUSEHOLD income.

    I am so stressed about this so any insight would be appreciated....I also hope everything I wrote made sense LOL!!! Thanks!!!

  • #2
    I would not spend a sec thinking about that.
    Attorney Retained/Paid: 1-4-10
    Online CCC-Completed & Cert Received: 1-8-10
    Filed Chapter 7 1-18-10.
    341 3-10-10 ~~~ Last Day to Object: 5-10-10


    • #3
      Rooster it is not like that will happen with CC's. It is more likely to happen with a family member, friend, or foe as it did with us. To date the case has been dead in the water and no action taken for more than a year. I am not sure of the Federal Courts time limit to dismiss for non prosecution. I'm not too worried as the jerk is in a very bad state of physical health. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.


      • #4
        Faust - I am spending more than a sec thinking about it LOL!!! it is driving me crazy...

        Hub - Is it against the normal for cc companies to file adversary proceedings? They won't start going through there records to see what the income answer was?

        We have no red-button issues, like charging expensive items, vacations etc....



        • #5
          I've been following my district and the nyc area bk hearing schedules. The few AP cases I've found, people either go on a rampage and charge expensive items to cc, or balance transfer large amounts, and then don't even make a payment.

          In one case a woman owed 25k and in her AP pretrial meeting she settled with a lump sum payment of $1250.


          • #6
            Originally posted by simplicityof View Post
            I've been following my district and the nyc area bk hearing schedules. The few AP cases I've found, people either go on a rampage and charge expensive items to cc, or balance transfer large amounts, and then don't even make a payment.

            In one case a woman owed 25k and in her AP pretrial meeting she settled with a lump sum payment of $1250.

            Do they start pulling out the credit applications? I don't know, I am just so worried about this. Most of the cards have been paid on for 5-8 years, without a missed payment. I am just worried about this whole income thing, that they will say it was fraud or something! I just hope I am over thinking all this!!!


            • #7
              This is such a non-issue. Don't worry about it.


              • #8
                You would have to have a suspicious charging pattern before they would even think about checking your income vs. application. And then you have a ton of defenses. I can't see a CC company ever pursuing this. Remember they're at risk for your legal expenses if they sue and lose. But from everything I've seen, you have to look suspicious before you even show up on their radar. Remember it costs them money just to investigate the issues you're talking about.

                If you really can't sleep though, run it by your attorney!
                12/2009 Stopped paying CCs; 3/10 1st suit;
                8/2010 finally served; No Asset 7 filed. 11 mos since last bal xfer
                9/22/10 60 day club; 9/24/10 report of no distr; 11/23/10 DISCHARGED


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