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    #16
    I bought gift cards with it and sold them for cash to pay my bills. I'm sure they could try to prove it was fraud, but honestly, it wasn't.
    I think Amex could have a valid case here and this is why I'm nervous.
    Filed: October 1, 2007 341: December 10, 2007
    CONFIRMED: December 10, 2007
    Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

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      #17
      you were trying to be an small business owner. If you have any proof from ebay etc concerning the listings and the failed sales. Gather up all your evidence. And remember the burden of proof is on AMEX not on you. But the more you have in defense the better. Perhaps it is as simple as modifying your exemptions to include the gft cards. Do you still have them? Give those back to Amex. LOLOLOLOL
      Last edited by rrockinggramma; 02-11-2008, 03:24 AM.

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        #18
        Originally posted by MajorMike View Post
        Thank you Flamingo and Rockinggramma~
        I think because the unsecureds are only getting 5%. This is why they are pissed. They would only get about $200. No, my attorney didn't even ask us for our bank statements and neither did the trustee. We got confirmed at the 341 and my attorney never even asked for my charges. I even told him that the week after filing I was due a $6,000 paycheck due to a large commission. He said, that's fine, we won't worry about it...
        This is why things are so different from district to district, state to state. Our trustee doesn't ask for tax returns either during the BK...only to file.
        Amex has a valid claim, but hopefully my judge will not let them get their way. Shoot, they get enough of people's money. You should see the letter they wrote in the complaint too..
        "WE PRAY THE COURT FINDS IN OUR FAVOR AS AMERICAN EXPRESS IS HURT BY THIS LOSS"

        Whatever....!! LOL
        I'm just worried that I'll have to go to court and I'll be sick if that's the case. Hopefully the judge will rule in my favor and they'll have to take what they can get or write off their losses.
        I love the statement, "WE PRAY THE COURT FINDS IN OUR FAVOR AS AMERICAN EXPRESS IS HURT BY THIS LOSS"

        Pleasssssssssssssse. AMEX is by no means hurting. Amex was included in our filing too. I filed under the old law so they couldn't do nothing, but right after we filed they sent us a real nasty letter. Good luck and I hope everything turns out okay for you.
        sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."

        Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo:

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          #19
          Thanks you two! LOL
          It's not ebay. I sold the gift cards to someone from Craig's list as it was fee free that way. I know I owe the money so I don't want them to think I'm trying to scam. I guess I just don't want to go to court.
          Filed: October 1, 2007 341: December 10, 2007
          CONFIRMED: December 10, 2007
          Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

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