Creditor objection?

[amy1385]

I got a letter from my attorney yesterday - one of my credit cards is wanting me to reaffirm my debt with them. I filed Ch 7 on 12/10 - this is a new card I got in the beginning of Sept mainly because I knew I had some dental work I needed to have done. The total owed to them is about 1300.00. So, from Sept. 9th, through file date, I charged a total of 480.00 in cash advances (about half for bills), 230.00 for medical purchases, and 575.00 for other purchases (of which over 300.00 was for food, gas, or bills). So, the credit card company wants me to settle for 1200.00 (120.00/mo). Can anyone tell me if I should worry, or if this is something that just is part of the process, and that credit card companies just do this? Thanks everyone! Oh, and Happy New Year!

[AngelinaCat]

Hi Amy: welcome to the forum. DO NOT do anything with this creditor to try and settle. If you do, this is called 'side dealing' outside of your BK and you could end up being dismissed.

They should not have contacted you in any way. That is a violation of the Automatic Stay, unless you filed pro se. Then they could. They have a right to approach your attorney. If you DO have an attorney, let him or her handle this.

I take it you haven't had your 341 yet?

Keep all of your receipts so that you can show what you did with this money, should the creditor decide to get nasty.

[amy1385]

I haven't done anything yet - my 341 is on 1/20. The creditor didn't contact me, they sent the letter to my attorney, who then sent it to me so I would set a meeting w/ him to go over it. It seems to me that this is an attempt by the creditor to get their money knowing that they can't really object? From what I have read on here, you have to have spent over 750.00 in cash advances or 500.00 in luxury purchases in the 90 days preceeding the filing? So I don't think that applies here? I don't think they consider food, gas or other bills luxury purchases.... I'm a worrier to begin with, but this bk has amped that up 1000x! Add the holidays to that, and it's a miracle I still have any hair left! LOL!

[AngelinaCat]

I'm glad you have an attorney. I would talk with him or her before doing anything--if you decide to do anything at all. No, the small amounts you mentioned for food, medical, etc., shouldn't be an issue. But if the creditor wants to be *mean* they can look at the total amount and stop reading right there. That's why I suggested keeping all the receipts.

If it helps any, I'm a 'worrier' too. And my hair is looking a little sparse....

[Lajazz947]

Hi Amy: welcome to the forum. DO NOT do anything with this creditor to try and settle. If you do, this is called 'side dealing' outside of your BK and you could end up being dismissed.

They should not have contacted you in any way. That is a violation of the Automatic Stay, unless you filed pro se. Then they could. They have a right to approach your attorney. If you DO have an attorney, let him or her handle this.

I take it you haven't had your 341 yet?

Keep all of your receipts so that you can show what you did with this money, should the creditor decide to get nasty.

Angelina, nothing to add here except congrats for becoming a " Guru".

Happy new year, we are anxiously awaiting our 341 hearing on 1/12/09.

[amy1385]

Just got back from my meeting w/ my attorney regarding this creditor letter... feel much better now. He said not to worry about it. He said first that they are including too much time in the balance that they are talking about, and said that they won't fight it. Soooo, now just waiting for 341 on 1/20!