No creditors at 341 = no objections?

[boinga]

I'm just wondering about the connection between the 341 hearing and the period for filing objections.

If no creditors show to the 341, can they still file an objection? If so, how often does that tend to occur?

thanks

[keepmine]

Creditors lose no rights by not appearing at the 341. They have 60 days from the 341 to file an objection.
Creditor objections are very rare.

[SinkingFast]

Attnys representing Creditors like Chase, Citi, BoA, AMEX, etc,....... Are unlikely to appear at a 341. Even if they see a potential for Objection. Unless they happen to be at Court that day for another Case.

Attnys representing Creditors aren't paid their billable hourly rate. They get a %'age of what they recover on behalf of the benefit of the Creditor they represent.

As Keep said, Creditor forfeit no rights by not attending the 341. They still have the 60 days after the 341 to Object.

[boinga]

Hmm, well if they're paid a percentage of the recovery, I'm probably pretty safe! LOL

I just went over my records again and the only possible objections I can see are from use of credit cards in the 90 days before filing. On one card that totals $1300, during which time I made almost $700 in payments. None of the charges are luxury items (all groceries, utilities, work expenses, auto, medical -- none of them over $400.) The biggest "items" are the finance charges, totaling $600+. The other has $350 in total charges, $850 in payments and $580 in finance charges (also small items, no luxuries). I can't see a lawyer who can probably make $200+/hr on other work wanting to spend a lot of time to get a percentage of $1300, even if the charges did look frivolous.

My lawyer is not worried at all, and I'm trying to convince myself I shouldn't be either!

[SinkingFast]

Keep in mind too, that attnys for Creditors work Line of Credit by Line of Credit.

The attnys for Citi, Chase, and BoA are not gonna gang up on you.

In your case, with multiple charges on various accts,.......... Even if they are all with the same Creditor, the attny may not even pursue that either. Depends on if the Creditor were to happen to bring all the accts to their attny's attention.

Just kick back, relax, and wait out your 60 days. It's outa your control now anyway. And if you have to,............ Deal with what comes if and when it happens.

[boinga]

The attnys for Citi, Chase, and BoA are not gonna gang up on you.

Yes, I have to keep reminding myself of that. Fortunately the card with the highest balance is the one I used the least in recent months too.

Just kick back, relax, and wait out your 60 days.

Man, compared to the stress of trying to make ends meet before deciding to file, this is nothing.

[newimges]

I had the same situation of using a credit card within the 90 days before filing. I also made payments on this card up until the time I filed. Charges of around $1200 but most of it was for groceries, a car repair, school clothes and household necessities (nothing I think would be considered luxury items) but I know there is a chance that creditor will file an objection but when you put it that way about the lawyer only collecting a percentage - they are likely not to bother. We'll see. I have 51 days to go and counting!

[boinga]

I have 51 days to go and counting!

I'll keep an eye on your posts then. Good luck!

[PaKettle]

I'm just wondering about the connection between the 341 hearing and the period for filing objections.

If no creditors show to the 341, can they still file an objection? If so, how often does that tend to occur?

thanks

I hear that - unfortunately - most creditors - if they are to object - ojbect by making a phone call to your attorney well after the 341, sometimes right up until the end of your 60 day wait! Anyway, it sucks to have to wait 60 days with the threat of objections hanging over one's head!

But that's just how it is so we just have to wait and see. I know I will feel better if no creditors show up at my 341, even if that really doesn't mean anything! Just a psychological thing, I guess...

We're going to be in the "60 day" club together - we filed just the week before you did. Our 341 is coming up in a couple weeks.

Good luck to us both! (and everyone else!)