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    Creditors Objection

    Just wondering in what case scenario would a creditor object? I know it isn't all that common but why would they and what would they get out of it?
    Filed 2/28/07
    341 4/4/07- DONE
    6/7/07- Discharged & CLOSED

    #2
    Originally posted by newgirl View Post
    Just wondering in what case scenario would a creditor object? I know it isn't all that common but why would they and what would they get out of it?
    From what I've read (here and elsewhere), creditors will likely object if you had/made charges on a CC or acquired a loan (but never paid) so close to your date of filing. What they get out of it is payment from you for the debt because it will not be discharged.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

    Comment


      #3
      BB is right - trustees or creditors who file objections feel they have proof that your debt to them should not be discharged or that an exemption you claim is not legitimate. If the objection stands, even though you file bankruptcy, a normally dischargeable debt would still need to be paid in full, or the property you claim as an exemption could be repossessed or foreclosed and the money returned to the lender.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        The typical creditor objection occurs when a debtor makes several large charges on a credit card within 6 months of filing BK and the charges are clearly not for necessities. Objections will occur typically if the cumulative charges over that 6 month period are for $2,000+.

        Comment


          #5
          Originally posted by HHM View Post
          The typical creditor objection occurs when a debtor makes several large charges on a credit card within 6 months of filing BK and the charges are clearly not for necessities. Objections will occur typically if the cumulative charges over that 6 month period are for $2,000+.
          Ouch, sounds just like me...but my 6 month period was around $8.000
          09/20/07 - Filed Ch 7
          10/24/07 - 341 meeting
          01/11/08 - Discharged :yahoo: :yahoo: :yahoo:
          01/25/08 - CASE CLOSED - :yahoo: :yahoo: :yahoo:

          Comment


            #6
            Don't forget that it's Line of Credit by Line of Credit.

            BoA isn't gonna add the $2K you charged with them to the $2K charged to Chase. Maybe it's $8K total, but how many Lines of Credit is it??

            Also, Creditors look at what you bought with the money. If you were buying groceries, and gasoline, and paying utilities and doctor's bills, that's one thing. If you took a lavish vacation trip, that's a whole different can of worms.
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

            Comment


              #7
              That all makes sense. Im think Im in the clear. I did use 1 card 4 months prior to filing but it wasnt for anything lavish thats for sure, also no cash advances.
              I think I should be ok unless Citi wants to nit pick.
              Filed 2/28/07
              341 4/4/07- DONE
              6/7/07- Discharged & CLOSED

              Comment

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