credit card company objections

[okane]

Do credit cards company still come after you with an objection after like a year? Does this happen?

[HHM]

No, they generally have to object between the time you file and the time of discharge. The only reason a creditor might object after discharge is if they were left off your petition and therefore never notified of the bankruptcy...but that is rare occurance in an individual chapter 7 case.

[okane]

oh sorry, I meant if ...

If you file bankruptcy after a year since a transaction like a balance transfer was made, can they still try to fight it? Or do that usually not if its been awhile since the transaction?

[marko56]

A year? No way. It's usually 60-90 days

[HHM]

Oh, you are asking if the credit card companies will object to a transaction that is year or more old.
I thought you were asking if creditors can make objections a year after you filed your petition.

To answer your question, almost never...there would have to be some obvious fraud.

[hhou812hh]

If you file bankruptcy after a year since a transaction like a balance transfer was made, can they still try to fight it? Or do that usually not if its been awhile since the transaction?

They would have to prove to a judge that a year ago you took a cash advance and tried to stiff them intentionally. If they lose they would have to pay their legal bills and yours which will probably total more then what's owed to them. Unless you mentioned the word bankruptcy to them when you took the advance or they have a crystal ball (LOL) there is no way they can prove what was going on in your head at that time.

I think the only thing that anyone would care about is your financial condition when you took the advance. If you got a paycut due to a change of jobs or loss of income and then took a very large cash advance they wouldn't like that very much since it would look like you incurred the debt with no intention of paying. This is all rare that anything would happen though.

[HHM]

About the only time an old transaction would become an issue is if you clearly lied on the credit application to obtain the credit. But its rare anyone connects the dots that far back...because the petition is a snap shot of the debtors situation at the time of filing, so the credit card companies are not going to waste resources to try and find out what your situation was a year before filing when you filed out the credit app.