Received a letter from Creditor's Attorney

[Alix23]

Thank you for your reply. I really appreciate your time.
I filed on January 6, 2010 and my 341 meeting was just last week on Feb 10th.
The disputed charge was in August of last year so it was like 5 months before I filed for BK.
I did not purchase or use the card after that and like I mentioned, I still had plenty of credit left. The only reason my cards were over the limit is after I stopped payments, they cut my available credit just above the balance so with all the finance charges (BofA was like 27% APR)and late payment fees, it went over the limit. I believe I did make a one or two payments, before I stopped completely.

anyhow, is there any way I can file a response myself without an attorney? what is that response called in this case?

[justbroke]

This is a tough situation to be in, if your lawyer isn't representing you anymore. Can you afford to pay him to file a response? Regardless, you have two choices. Respond to the creditor or call their bluff by not responding and see if it goes to a complaint (Adversary Proceeding).

I personally believe the debt is dischargeable because it was for medical debt and not for any other item (luxury doesn't really matter). Since you probably don't want it to go to trial you may want to respond but ever so carefully. Basically just that it was medical related, did not exceed the credit limit, and there was still credit available which you didn't use. Hopefully they decide to give up.

This will not affect the discharge of your other debts. This creditor would need to file that complaint (AP) before the 60 days after your 341 Meeting.

[backtoschool]

Hello everyone,

I'm new to this site and this is my first post. I've spend a few hours reading alot of posts on here about AP. but I was not able to find one that was similar to my case. so here it is:

My attorney received a letter date Jan 22, 2010 from the a creditor's attorney stating that they will file a AP with the court if we do not respond or settle with them. I only hired the attorney to file my case upto the 314 meeting. so technically I dont have an attorney. but they emailed me today Feb 17th, telling me that they received this letter at the end of January!!

Creditors (and their attorneys) claim that I used my card in Aug 16 for a charge/cash advance of $4500 and also that amount exceeded my credit limit.
the original amount was infact $4500, but i got a refund of $450 credited back to my card, so that leaves the amount charged to $4050. In addition, this charge DID NOT put my account over the limit as I had at least $3-4000 available balance. The charge was not a cash advance or for a luxury item, it was used to pay for my wife medical expenses (as she was pregnant at the time with some complications), so in all honest, I did not use the card to buy a car/tv/etc... it was used for a medical expense.

Now, i dont know what to do... ignore it and see if they actually file an AP, settle it? the settlement amount in one time cash payment of $3000 which I do not have. and I can not afford to hire an attorney to fight this.
I believe that I have a good cause/argument against their charges, but at the same I do not want to create headaches for myself in the future.

My 314 meeting went smoothly. no creditors were there. and i was in and out in like 20 minutes.
My last question is this, if I ignore it, and it gets filed, will this affect my while BK and other debts, or would I be responsible for this portion of undischarged debt?

I would appreciate any help/suggestion.

Thank you

When did you file for bankruptcy, and when was your 341? If you made a large charge card purchase right before you filed, then that can trigger an AP.

Your creditor does not know the details of what you purchased. Even a medical charge could be for plastic surgery or liposuction or something as far as they are concerned.

If you made the charge within 90 days of filing, then the creditor has an case because the creditor can claim that you knew you were insolvent at the time of filing.

Did you make any payments on the card after making that charge? These details will help us determine how strong the creditor's case is.

[Alix23]

Hello everyone,

I'm new to this site and this is my first post. I've spend a few hours reading alot of posts on here about AP. but I was not able to find one that was similar to my case. so here it is:

My attorney received a letter date Jan 22, 2010 from the a creditor's attorney stating that they will file a AP with the court if we do not respond or settle with them. I only hired the attorney to file my case upto the 314 meeting. so technically I dont have an attorney. but they emailed me today Feb 17th, telling me that they received this letter at the end of January!!

Creditors (and their attorneys) claim that I used my card in Aug 16 for a charge/cash advance of $4500 and also that amount exceeded my credit limit.
the original amount was infact $4500, but i got a refund of $450 credited back to my card, so that leaves the amount charged to $4050. In addition, this charge DID NOT put my account over the limit as I had at least $3-4000 available balance. The charge was not a cash advance or for a luxury item, it was used to pay for my wife medical expenses (as she was pregnant at the time with some complications), so in all honest, I did not use the card to buy a car/tv/etc... it was used for a medical expense.

Now, i dont know what to do... ignore it and see if they actually file an AP, settle it? the settlement amount in one time cash payment of $3000 which I do not have. and I can not afford to hire an attorney to fight this.
I believe that I have a good cause/argument against their charges, but at the same I do not want to create headaches for myself in the future.

My 314 meeting went smoothly. no creditors were there. and i was in and out in like 20 minutes.
My last question is this, if I ignore it, and it gets filed, will this affect my while BK and other debts, or would I be responsible for this portion of undischarged debt?

I would appreciate any help/suggestion.

Thank you