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Need Help !! Adversary Proceeding Pre-Trial Next Week !

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    #16
    OP's attorney filed an answer, and Des has just given the answer to whether or not the attorney should bring up the 61 days at the pre-trial hearing since the 60th day fell on Sunday. Here's hoping that everything turns out ok for you, jblu!
    Filed pro se, made it through the 341, discharged, Closed!!!

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      #17
      Thanks for checking Desp....

      Comment


        #18
        Originally posted by despritfreya View Post
        Apparently no one picked up on this. While the creditor has 60 days from the 341 (and all are correct, you do not count the day of the 341), the Complaint was timely. 60 days from August 18th was October 17th but. . . October 17, 2010 was a Sunday. By law, if the last day falls on a weekend or legal holiday, the actual due date is the next business day, which, in this case was the 18th. Complaint is timely. Now OP needs to decide how to defend it.

        Des.

        Thank You... Your right.. Talk about last minute filing of this complaint...
        Last edited by jblu83; 12-10-2010, 12:47 PM.

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          #19
          jblu, would you mind sharing who filed the AP?
          Hired Attorney 8/28/10 Filed Chapter 7 11/08/10 341 12/14/2010 Report of NO DISTRIBUTION 12/15/2010 Waiting for February 14 2011, date objections due.
          DISCHARGED and CLOSED 2/15/2011

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            #20
            Originally posted by panda View Post
            jblu, would you mind sharing who filed the AP?
            Amex

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              #21
              Thanks for answering, unfortunately they are my biggest creditor.
              Hired Attorney 8/28/10 Filed Chapter 7 11/08/10 341 12/14/2010 Report of NO DISTRIBUTION 12/15/2010 Waiting for February 14 2011, date objections due.
              DISCHARGED and CLOSED 2/15/2011

              Comment


                #22
                Okay, time to move on to the next phase

                What did you do? What are they objecting too and how much?

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                  #23
                  Originally posted by HHM View Post
                  Okay, time to move on to the next phase

                  What did you do? What are they objecting too and how much?


                  1. HAD THE CREDIT CARD SINCE 2004 AND NORMAL SPENDING HABITS WITH NORMAL PAYMENTS.

                  2.BANKRUPTCY FILED JULY 20,2010

                  3. AMEX OBJECTING TO CHARGES FROM SEPTEMBER 2009-NOVEMBER 4TH,2009.

                  4. CLAIMING CHARGED WITHOUT THE INTENT TO PAY FOR THE ENTIRE USE OF CHARGES IN THE AMOUNT OF APPROX. $18,000.

                  5. THEY ONLY OUTLINE THE CHARGES THAT THEY FEEL ARE FOR LUXURY GOODS.

                  6. 2 CHARGES FOR AIRPLANE TICKETS $2020.00 WE PURCHASED TO GO VISIT FAMILY IN NY.

                  7. 32 CHARGES FOR GENERAL MERCHANDISE AT RETAIL STORES FOR $1812.00

                  8. 2 CHARGES FOR FURNITURE $2600

                  9. 13 CHARGES FOR CLOTHING $900

                  10. 1 CHARGE FOR AN ELECTRONIC DEVICE $900

                  11. 3 CHARGES FOR A CAMERA $1000

                  12 2 CHARGES AT A RETAIL STORE FOR $880.00

                  13. 1 CHAGE FOR A SECURITY SYSTEM $700

                  14. 4 CHARGES FOR TICKETS TO AN EVENT $600

                  15. 1 CHARGE FOR A HOTEL WE USED TO VISIT FAMILY IN NY $400.00

                  16 3 CHARGES FOR A SECURITY DEVICE $400

                  17. 1 CHARGE FOR A PIECE OF JEWELRY $320

                  From 2004 I had all normal payments on time and my last submitted payment was to them on October 29th, 2009. Filed bankruptcy July 20th,2010.

                  What are your thoughts ?

                  Comment


                    #24
                    Over 6 months from the charges they are fighting for and none of them all that excessive single line itemwise. Did you make any payments on these charges before you filed?
                    3/2/09- Filed: chapter 7 / No asset
                    4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
                    4/2/09- Trustee Report of No Distribution Filed
                    6/24/09- Discharged and case closed

                    Comment


                      #25
                      It's an arguable case, I see about $14K of actual charges listed. If you really charged all that in a 2 month time frame and made your last payment on the card right after the sending spree, that doesn't look so good.

                      Time to think about settlement.

                      In reality, what happened; time to come clean, you charged 14K+ in a little under 2 months, and stopped paying right after you finished the charges and filed BK just over 8 months later.

                      Were you working at the time you made the charges? Was your income lower?

                      Comment


                        #26
                        How is your attorney feeling about this? I am hoping you are able to get something worked out. I really do feel bad for you. Please keep us updated as I know I am feeling pretty uneasy right about now with this happening to you.
                        Hired Attorney 8/28/10 Filed Chapter 7 11/08/10 341 12/14/2010 Report of NO DISTRIBUTION 12/15/2010 Waiting for February 14 2011, date objections due.
                        DISCHARGED and CLOSED 2/15/2011

                        Comment


                          #27
                          The reality:

                          The amount in controversy is $18K. Your legal fees in defending could run over 10K. If you lose you may have to pay lender's legal fees. If you win, the lender may have to pay your legal fees. This is a perfect case for settlement on both sides.

                          Settlement is a negotiation which will end in the entry of a "non-dischargeable judgment" for some amount and a "covenant not to execute" on the judgment so long as the payments agreed to are made. Discuss settlement with your attorney as that will be the cheapest way to get out from under the claim.

                          Des.

                          Comment


                            #28
                            Originally posted by HHM View Post
                            It's an arguable case, I see about $14K of actual charges listed. If you really charged all that in a 2 month time frame and made your last payment on the card right after the sending spree, that doesn't look so good.

                            Time to think about settlement.

                            In reality, what happened; time to come clean, you charged 14K+ in a little under 2 months, and stopped paying right after you finished the charges and filed BK just over 8 months later.

                            Were you working at the time you made the charges? Was your income lower?
                            Yes I was working at the time of the charges and my income was steady. . .

                            Comment


                              #29
                              Originally posted by panda View Post
                              How is your attorney feeling about this? I am hoping you are able to get something worked out. I really do feel bad for you. Please keep us updated as I know I am feeling pretty uneasy right about now with this happening to you.

                              Atty: feels pretty good about our case because the charges are 8 months and older.

                              Comment


                                #30
                                Originally posted by despritfreya View Post
                                The reality:

                                The amount in controversy is $18K. Your legal fees in defending could run over 10K. If you lose you may have to pay lender's legal fees. If you win, the lender may have to pay your legal fees. This is a perfect case for settlement on both sides.

                                Settlement is a negotiation which will end in the entry of a "non-dischargeable judgment" for some amount and a "covenant not to execute" on the judgment so long as the payments agreed to are made. Discuss settlement with your attorney as that will be the cheapest way to get out from under the claim.

                                Des.
                                How much do you think I should try to settle for, if this is indeed my best course of options ??? Can they garnish a Federal Disability Pension ?????

                                Comment

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