7 days before discharge get objection

[tried_to_hard]

and Chase filed objection. I have not contacted my attorney yet as I just saw it on Pacer, anyone ever have this happen. they are stating a cash advance 4 months before filing. I owed them 8,500 but my total BK is 90,000. is this going to prolong things? I am sick right now!

[jp2861]

The way I understand it, if no other creditors object, then the remainder of your case will continue towards discharge. Chase will take their objection to the judge assigned to your case. I guess it's now up to Chase to prove their case to the judge as to why the debt should not be discharged. I'm sure we'll all be interested to hear how this unfolds, so please keep us updated.

[Keebler]

Aw crap...

I took out a big cash advance. I made less than six months worth of payments and then I stopped.

I'll be watching to see what happens with your case to see what might happen to me.

[SinkingFast]

The rest of your debt will be Discharged. Just the one debt that Chase is Objecting to will remain until Chase is heard.

The cash advance Chase referred to,............ Is it for the total amount you owe them?? $8500?? Or a smaller amount?? If so, could be that Chase is just Objecting to this one transaction and the remainder of your balance with them will be Discharged on time as well.

Did Chase try to contact your attny before and threaten to Object, or did this come totally out of the blue??

Usually, Creditors will contact the Debtor/Filer's attny first to haggle and work out a Settlement rather than move right to an Objection.

[Hollyhomemaker]

and Chase filed objection. I have not contacted my attorney yet as I just saw it on Pacer, anyone ever have this happen. they are stating a cash advance 4 months before filing. I owed them 8,500 but my total BK is 90,000. is this going to prolong things? I am sick right now!

How much was the cash advance? Was it exactly 4 months before filing or just a little past 3 months?

[HHM]

It is unusual for an objection to come out of the blue without any contact being made to your attorney first...and usually, (at least they used to) Chase has someone show-up to the 341 meeting.

I am guessing that it took some time for Chase to find a local attorney willing to accept the case which is why the objection got filed.

At this point you have three choices
(1) Do nothing, in which case Chase will get a default judgment from the BK Court
(2) Respond to the objection with an opposition and go to court.
(3) Settle...
Note, the attorney representing Chase is more than likely working on commission only, so he WANTS to settle the case and spend as little time as possible on the matter. Assuming you can afford to settle, you may want to offer to pay $4,000 and do so in payments over 12-18 months.

[freshstart06]

What if they do nothing and see if the BK accepts the objection, if BK court does then settle.... is this possible???

[HHM]

What if they do nothing and see if the BK accepts the objection, if BK court does then settle.... is this possible???

It doesn't quite work that way...Chase "has filed" the objection, if the debtor does not oppose the objection, the BK court does not hold a hearing if no opposition is filed. And will enter judgment in favor of Chase.

It's no different than if a creditor sues you in state court...if you don't answer that complaint, the court grants the plaintiff a default judgment.

[BurgerKingVII]

and Chase filed objection. I have not contacted my attorney yet as I just saw it on Pacer

Was there any indication in advance that this might happen? For example, did Chase file a notice of appearance earlier in your case, or did they send someone to your 341?

I ask because there's a chance one of my creditors might object, but thus far I haven't heard a peep from them, and my 341 takes place in a few days.