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3 weeks until discharge and no AP filed for balance transfer yet. Safe?

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    3 weeks until discharge and no AP filed for balance transfer yet. Safe?

    I BT'd ~ $7,000 from once credit card to another and then did not make any payments on the credit card. 7 months later I filed chapter 7, no asset, above median income.

    It's about 3 weeks until my case is discharged and neither I nor my lawyer has heard anything from the credit card company about the BT or a possible AP. I know the UST likes to wait until the last day to spring objections, but it seems to me that a creditor probably wouldn't and would have contacted me or my lawyer by now if they were planning to make an issue out of the balance transfer.

    3 weeks to go and nothing. Do you think it's likely the creditor isn't planning to object?
    Chapter 7, above median, no asset. Discharged with no UST involvement.

    #2
    Most likely they aren't planning to. But you aren't out of the woods until 11:59 PM on Day 60 passes.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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      #3
      There is really no way to tell, but the lack of communication at this point may tend to suggest that there will not be an objection to the discharge of that balance transfer (balance). You really need to wait until the last day to file an objection to discharge (the discharge bar date) before you will know for certain.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog


      I am not an attorney. Any advice provided is not legal advice.

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        #4
        you said it' s 7 months. i think you are fine. i know when we filed the 90 rule was followed and unless the creditor can prove all out clear fraud you will be good to go.
        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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          #5
          I have exactly 7 more days for my 60 days to be up...I'm a bit anxious myself.
          Chapter 7 filed: 5/12/13 (over median - no asset) | 341 Hearing: 6/12/13 (Bass & Associates appeared for Best Buy) | Report of No Distribution: 6/12/13 | Discharged 8/18/13 | Case Closed: 8/18/13

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            #6
            From the time I filed, my last CC usage was 8 months but in that period of time, I had luxury purchases made...We shall see!
            Chapter 7 filed: 5/12/13 (over median - no asset) | 341 Hearing: 6/12/13 (Bass & Associates appeared for Best Buy) | Report of No Distribution: 6/12/13 | Discharged 8/18/13 | Case Closed: 8/18/13

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              #7
              My concern is that I never made any payments. Still haven't heard anything, and it's < 2 weeks to go.

              I swear I'm going to have a stroke worrying about this stuff. I've actually started going to the gym more often to burn off some of this stress.
              Chapter 7, above median, no asset. Discharged with no UST involvement.

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                #8
                Just do something to pass the time. No need in worrying because your worrying will not change the outcome! I know it's easier said than done, but relax. Read 4-5 books. Watch some old TV shows. Keep busy!

                Typically, the creditor would have already sent a "warning shot" to your attorney indicating that they intended to file... in order to get a settlement and avoid a potentially costly litigation.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog


                I am not an attorney. Any advice provided is not legal advice.

                Comment


                  #9
                  It is very unlikely that a creditor would attempt to object to a balance transfer of a dischargeable consumer debt. The reason is that transferring a balance from one credit card (which would have been discharged) to another credit card (which will also be discharged) is not creating new debt, and does not benefit you in any way. Thus, it would be difficult for a creditor to prove fraudulent intent. Now if you had transferred non-dischargeable student loan debt, or used a credit card to pay non-dischargeable tax obligations/civil/criminal penalties, that's when the creditor would object (and win).

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                    #10
                    I didn't think of it that way, bcohen. It's true, I transferred unsecured CC debt from one visa to another. It was just ordinary consumer debt.
                    Chapter 7, above median, no asset. Discharged with no UST involvement.

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                      #11
                      So TXskyblue - did you get your discharge?

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