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    CC CashAdv Property Tax Paid

    12/10/2008 - I paid my property tax and I used my credit card $10,095.00.
    3/18/2009 - Filed for BK 7
    CapOne disputing these charges and wants to settle for less before my hearing next week.

    I intended to pay this credit card as I have done in the past on another card. I just did not have enough money at the time to pay for the property tax, so I use the CapOne CC.

    What would happen at the hearing if I do not settle?

    Abuse or not?

    I need a to see a doctor to deal with my stress about this. HELP!

    #2
    Water under the bridge, but you should have made payments on this and waited a lot longer than 3 months to file.

    But, if they have already responded that they are going to dispute the charge in your BK, you have no other choice but to fight it or pay it. I don't think you have much of a chance of defending it.

    If they are going to take a settlement now, chances are they will take a settlement later on in the BK, also.

    Comment


      #3
      Did the same thing........cap 1 but for less than 1/2 that. One of the reasons I'm waiting months to file. You probably should have waited out a year or so to file after they write it off and assign it to a JDB.
      Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

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        #4
        You are right perhaps, I should have waited longer but I can't take it any longer I had to take action. I was doing it all wrong, which changed now. I realized that I would have been in more debt trouble than I am now if I did not take action. I will talk to my attorney today and listen to his recommendation.

        What happens when CapOne objects next week at the 341 hearing?

        Comment


          #5
          Told you. Fight it or pay it.

          Seems your lawyer should have seen this red flag and advised you before the filing.

          Comment


            #6
            YOu have a couple options, if you were going to pay it anyways, then see if they are bluffing, see if they show up. Or you could try to see how much they are willing to sell it for.(that is if they haven't already filed an objection with the trustee). I know I was told that best buy uses a similar tactic, they threaten and then if you don't respond, you never hear from them again. Your charge is large enough to warrant the attention of their lawyer. In short, its worth his/her while to go after it. Smaller amounts just aren't worth their time.

            Comment


              #7
              Originally posted by JoeKing View Post
              You are right perhaps, I should have waited longer but I can't take it any longer I had to take action. I was doing it all wrong, which changed now. I realized that I would have been in more debt trouble than I am now if I did not take action. I will talk to my attorney today and listen to his recommendation.

              What happens when CapOne objects next week at the 341 hearing?
              Well they won't necessarily be at the meeting. but they can object and stall your discharge. You will have to deal with it. thats why you should have pre-planned and anticipated anything that could happen. What was the big rush to file ?? Perhaps your atty can make an agreement to make payments .
              Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

              Comment


                #8
                Originally posted by albacore44 View Post
                Well they won't necessarily be at the meeting. but they can object and stall your discharge. You will have to deal with it. thats why you should have pre-planned and anticipated anything that could happen. What was the big rush to file ?? Perhaps your atty can make an agreement to make payments .
                What is pre-planning? Is that the planning you do before you start to plan?
                Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                Comment


                  #9
                  Originally posted by OhioFiler View Post
                  What is pre-planning? Is that the planning you do before you start to plan?
                  Well I guess it's when you know your SOL and going down, so you desperatly search the internet for answers and a good forum with advice on how to save yourself.

                  For me it started with trying to decide if I should go to a debt settlement agency trying to be honerable and pay some of my debt. when I realized most of those companies are sharks, I found this wonderful place, came to grips with my situation, realized I was going down, and started planning for the best outcome for myself and family and a new start.
                  Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

                  Comment


                    #10
                    Originally posted by JoeKing View Post
                    12/10/2008 - I paid my property tax and I used my credit card $10,095.00.
                    3/18/2009 - Filed for BK 7
                    CapOne disputing these charges and wants to settle for less before my hearing next week.

                    I intended to pay this credit card as I have done in the past on another card. I just did not have enough money at the time to pay for the property tax, so I use the CapOne CC.

                    What would happen at the hearing if I do not settle?

                    Abuse or not?

                    I need a to see a doctor to deal with my stress about this. HELP!

                    IS that a quarterly property tax bill for you? Or did you just go and charge the full years worth of taxes?

                    I am really surprised that your attorney did not ask you if you have not charged anything when you first consulted with him? Thats liket he first question that the attorneys ask - have you charged anything recently like in the past 90-120 days ago?

                    Goodluck to you....

                    Comment


                      #11
                      I paid full year prop. tax. My attorney asked if any charges in the last 90 days and I made a mistake of saying "NO" thinking I paid the prop tax on Oct 10th, intead of Dec 10th.

                      I may have to see what they will say next week. I may have to settle, but I am worried that it may be a reason to force my 7 to 13. Any thoughts?

                      Comment


                        #12
                        I'm hoping their bluffing..but now its just a wait and see....I hate waiting also, living with this hanging over my head is a stressful nightmare. But I have to wait a year so I wait and live with it...
                        Good luck and keep us posted..

                        Comment

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