AMEX is threatening AP...

[dingdong]

Are they allowed to send threatening letters?

Isn't that a violation of the stay?

Wouldn't they just have to file an AP and then possibly settle?

I can't see how sending threatening letters is allowed during the protection of the stay, otherwise all the creditors would do it, and that is precisely why the stay is there, to protect debtors and other creditors.

Maybe I just don't get it.

But I thought they could file an AP(object to discharge of that particular debt) or do nothing?

Splain it to me Lucy!

[justbroke]

thank you for the reply justbroke... AMEX did not show up at my 341 meeting. I hope AMEX is just trying to make me miserable up to the last second and then they walk away.

I think they are just messing with ya. I wish you luck in that they don't file anything before you 60 days are up!!!

[relief13035]

No, I did not use the card for any of those things you listed. I just did A LOT of shopping.

Shopping is what I miss the most. It's not as much fun when you are using a debit card and those high credit cards limits are missing.

BUT I am adjusting and only having a mortgage and utilities bills to be concerned about anymore is a very liberating feeling.

[CCCrazy]

thank you for the reply justbroke... AMEX did not show up at my 341 meeting. I hope AMEX is just trying to make me miserable up to the last second and then they walk away.

No, I did not use the card for any of those things you listed. I just did A LOT of shopping. And I had a good job the whole time, I still do, I had a Roth IRA I could depend on for an emergency...so I wasn't insolvent. Was I in debt? Yes? But I could make the minimum payments.

I don't have a Pacer account because I knew I would drive myself crazy checking it all the time. Ugh...I just hope that letter comes tomorrow and not Monday.

[justbroke]

Would they have already filed the Notice to Objection of Discharge by now if they were going to go that route?

No, usually these come after the 341 meeting. A strong sign that they mean business, is when they show up at the 341 Meeting to get you to answer questions under oath.

Ugh...I don't want to have an AP before a BK judge. My total unsecured debt is 165K, so half of that is AMEX.

No one does.

Has anyone else had experience with AMEX threatening them up to the point of their discharge date? I really hope this doesn't end up in court. I was so looking forward to a fresh start on the 29th.

I don't have any experience, but they are entitled to file a complaint (Adversary Proceeding) where they believe that the debt is non-dischargeable.

Did you use the credit to pay for any of the following...

• student debt
• property taxes
• criminal fines, traffic tickets, etc
• fraud (fraudulently using the credit -- very difficult to prove)
• cash advances within 75 days of filing
• luxury or other purchases aggregating over $600 within 90 days of filing
• to pay domestic support obligations
• or, any of the other items under 11 USC 523(a)

[CCCrazy]

First, I am jumping the gun here...I have not yet seen the "very threatening letter" that AMEX sent to my attorney. Hopefully, I'll get it tomorrow and not Monday. My discharge date is 6.29, a mere 2.5 weeks away - could this be a last ditch effort by AMEX to frighten me into settling? They already called my attorney before my 341 to see if I would reaffirm my 87K balance - whatever!!! Would they have already filed the Notice to Objection of Discharge by now if they were going to go that route? Ugh...I don't want to have an AP before a BK judge. My total unsecured debt is 165K, so half of that is AMEX.

Has anyone else had experience with AMEX threatening them up to the point of their discharge date? I really hope this doesn't end up in court. I was so looking forward to a fresh start on the 29th.