Who has actually had CC challenge them in BK?

[inpain66]

They are claiming that it is secured and want the return of everything purchased on it. Being real idiots about it. They are requesting we reafirm the account or return the property. "All of which is exempt" or were gifts and we do not have anymore. Idiots. I have read about it on here somewhere but i can not find the thread anymore and searching Best Buy comes back nothing found.

Best buy sent my lawyer a letter asking for stuff back as well.

Some of the things I bought 2 yrs ago on sale so I could sell when I was starting my online business. I still have laptop I bought (also bought for startup of my internet busines).

I had a mp3 player I bought there but it broke and I sold the broken player for parts online.

I also bought stuff for presents for other people.

Bottom line is I do not have much left from what I bought there so no idea if they insist on getting stuff back.

My lawyer says they usually just send a letter

[MichiganMan]

Best Buy! Secured Loan!

CLASSIC!!!!!!!!
I should move to florida and hope to get that judge!! Of course it was like 7 years ago. But it would be worth it.

Anybody have any experience with Best Buy? I have gotten mixed answers on if they treat your account like a credit card or a secured loan.

They are claiming that it is secured and want the return of everything purchased on it. Being real idiots about it. They are requesting we reafirm the account or return the property. "All of which is exempt" or were gifts and we do not have anymore. Idiots. I have read about it on here somewhere but i can not find the thread anymore and searching Best Buy comes back nothing found.

[Brighterdays]

CLASSIC!!!!!!!!
I should move to florida and hope to get that judge!! Of course it was like 7 years ago. But it would be worth it.

Anybody have any experience with Best Buy? I have gotten mixed answers on if they treat your account like a credit card or a secured loan.

[catleg]

I found this court opinion while searching for cases where a creditor challenged a debtors charges close to filing.

The attached Order Dismissing Complaint made me totally LOLOL! The comment by the judge made on the top of page 3 made me laugh so loud my dog came running to see what was up. Maybe I need to get a life if stuff like this amuses me so much. This is a published filed opinion. You can't make this stuff up.

http://www.flsb.uscourts.gov/opinion...RDO02-1478.pdf

For reasons unknown, Citibank has attached three months of statements to the affidavit and
circled two charges made on April 14, 2002, for $12.08 and May 4, 2002, for $11.00 to Pantry
Liquors. Perhaps the intent was to classify the $23.08 as outrageous luxury items charged by the
Debtor. Another interpretation might be that the Debtor became aware of the friendly and generous
28.665% interest rate charged by Citibank and needed a couple of drinks to steady his nerves.

Fantastic!

[kathy4530050]

I found this court opinion while searching for cases where a creditor challenged a debtors charges close to filing.

The attached Order Dismissing Complaint made me totally LOLOL! The comment by the judge made on the top of page 3 made me laugh so loud my dog came running to see what was up. Maybe I need to get a life if stuff like this amuses me so much. This is a published filed opinion. You can't make this stuff up.

http://www.flsb.uscourts.gov/opinion...RDO02-1478.pdf

Too funny!! Like you, I laughed out loud. Thanks for sharing this.

[slam22]

slam, why did it take so long for your BK to close? Were you an asset case and it took that long to distribute the money to your creditors?

After our discharge Countrywide filed for a relief of stay on our house. The whole thing was kind of pointless because once we got our discharge the automatic stay was lifted so there was no point in them filing. We were a no asset case so with them filing for a ROS it just dragged it out further. All done now.

[GWBcasualty]

I found this court opinion while searching for cases where a creditor challenged a debtors charges close to filing.

The attached Order Dismissing Complaint made me totally LOLOL! The comment by the judge made on the top of page 3 made me laugh so loud my dog came running to see what was up. Maybe I need to get a life if stuff like this amuses me so much. This is a published filed opinion. You can't make this stuff up.

http://www.flsb.uscourts.gov/opinion...RDO02-1478.pdf

Somebody should hug that judge... a genuine contempt for the CC industry practices and free comedy on the side? Priceless

[StartingOver08]

Thank you for posting that link 2B! I needed a laugh! Now we know that if you spend $23 at a liquor store we may be subject to an AP proceeding! LOL

[2Bshinyandnew]

I found this court opinion while searching for cases where a creditor challenged a debtors charges close to filing.

The attached Order Dismissing Complaint made me totally LOLOL! The comment by the judge made on the top of page 3 made me laugh so loud my dog came running to see what was up. Maybe I need to get a life if stuff like this amuses me so much. This is a published filed opinion. You can't make this stuff up.

http://www.flsb.uscourts.gov/opinions/AJC/pdf/IZQUIERDO02-1478.pdf

[Brighterdays]

Reads to me as though the poster is suggesting the way to get around the cash advance limitations in BK is to buy cash with a credit card. I would not recommend this as a strategy pre-filing.

No, not at all. I have done it only a few times, but found the 2-3 week processing period counter productive. Plus I was just showing an alternative to cash advances. Yes with anything else, it can be abused. I would rather have a couple small charges show up rather than one huge lump sum Cash advance. A lump sum cash advance is almost always a red flag. I found this on fatwallet.com and slickdeals.net. If you are planning on BK'ing it then yes it is most certainly fraud and should be avoided. If you are doing it to get by until better times, then it is nothing but common sense and the most logical way to do it. Not to mention the rewards, miles and cashback you get.

Life is like a chess game (not a box of chocolates). The farther you plan ahead, the better prepared you are at handling diversity and avoiding problems. Too many people wander through life aimlessly and without a plan. I try to figure out what will happen if I do a certain action. I always ask my self, " what is the worse that can happen". If you know that and can live with it, then everything else is just an added bonus.

[OhioFiler]

And the purpose of buying US Mint coins instead of taking a cash advance is what? Please explain.

Reads to me as though the poster is suggesting the way to get around the cash advance limitations in BK is to buy cash with a credit card. I would not recommend this as a strategy pre-filing.

[Brighterdays]

simple math my friend. no fees. plus you get your miles/rewards. You could hypothetically max out your credit card every month and pay it off before you incrue any interest(just take the coins to the bank). You could rack up insane miles and rewards. The idiots(our US Gov) ship it for free and it is face value.

You buy 500 in legal tender coins with your discover. you take them to the bank and they give you 500 back. you then pay off your credit card(if you want) and you get your rewards points and your balance is back to zero. No BT fees, no cash advance fees. and you actually get paid $10 to $25 to do it(cash back rewards).

Oh, and this is 100% legit and legal. No scam or anything.

Anyways, I am off topic a little. I have quit using my credit cards and am now waiting out my safe period.

[lrprn]

here is a good website as an alternative for anyone who has considering a cash advance.
free shipping if you order 2 lots of 250(500 total) http://catalog.usmint.gov/webapp/wcs...dentifier=8100

And the purpose of buying US Mint coins instead of taking a cash advance is what? Please explain.

[Brighterdays]

So eloquently stated. I imagine with your gift/style of communication, you should have little difficulty with your case. I to am determined to keep paying my debtors(CC only) as to leave litte doubt of my intentions. I am trying to get a feel for the what others have done and not neccessarily gotten away with. I have a house I am letting go, a car under worth under the ohio amount and only CC bills. Pretty cut and dry.

I have also considered doing pro-se but have reconsidered, being that good bk lawers charge less than 1000 dollars in my area.

here is a good website as an alternative for anyone who has considering a cash advance.
free shipping if you order 2 lots of 250(500 total) http://catalog.usmint.gov/webapp/wcs...dentifier=8100

[enin]

Hi Brighterdays,
Yes, I have continued to make min. payments on all cc's (8) that will
be included on my creditor matrix when I file on May 1.

I realize that there are those who would advise that one stop payments,
but in my particular situation, including my resolve to rebut any objections,
I feel that it's more important, as a demonstration of intent or "good faith",
to continue to make min. payments (at least for the 5 months preceding filing).

This, it appears to me, would be more consistent with my assertion that, at
the time the debts/transfers were incurred, I fully intended to pay them, and
was not contemplating bankruptcy.

I would add that as I have no nonexempt assets at stake, no secured loans,
and my case is as "uncomplicated" as any I've seen, I'll be filing Pro Se and,
as my monthly income is well below 150% of the "poverty level", I'll be applying
for waiver of the filing fee.

I would also choose to oppose any AP that might arise, as, even if the creditor
wins an AP, the debtor is not liable for the court/legal costs.

My general plan is to devote all the time required to ensure that my petition
is 100% complete and 100% truthful (hence provable).
Then I'll have to let the chips fall where they will and hope for the best!