AMEX is threatening AP...

[catleg]

One of the gotcha's about AP's in BK, as I understand it anyway, is that the court takes a very dim view of frivolous AP's and can and will force them to cover your added legal costs if they do not prevail. Probably explains why they are not more common.

[CCCrazy]

Thanks for all of the support guys, I will definitely keep you all up to date as things transpire.

[JRScott]

Well sounds like your lawyer is on top of it and I'm pretty sure you'll work things out.

[justbroke]

My attorney and I are meeting next week to draft our response - he seems to think we can nip this in the bud.

I like your attorney. My knee jerk (reaction) would have been to no, and they can subpoena me or file that complaint (AP).

However, your lawyer is a cool cat, as they say... and will draft a really good letter telling them to go fly a kite.

[CCCrazy]

OK, I received the letter from my attorney with the attached letter from AmEx. It's from an attorney's office representing AmEx saying they are considering filing an AP since my schedules say I'm able to file for Chpt 7 so how could I have used my AmEx card...whatever. Anywho, they are basically asking for more info from me on why some charges were made, my financial condition at the time, how I intended to repay the debt, and any extenuating circumstances - so I can help THEM make a decision on whether to file and AP or not. My attorney and I are meeting next week to draft our response - he seems to think we can nip this in the bud.

[pookieny]

Troll=Sh#t-Stirrer

[justbroke]

What's a troll?

(Courtesy, Wikipedia)

Troll: noun, In Internet slang, a troll is someone who posts controversial, inflammatory, irrelevant or off-topic messages in an online community, such as an online discussion forum or chat room, with the primary intent of provoking other users into an emotional response or to generally disrupt normal on-topic discussion.

[CCCrazy]

What's a troll?

[justbroke]

This is just a troll ignore them....

I'm finally realizing that BB!

[CCCrazy]

Worked4Citi...my ridiculous 2nd mortgage made it possible for me to file 7, otherwise I would be in a 13. Almost time for the mailman to arrive...hope my letter is there.

[justbroke]

If you could have a good job and can make monthly payments... Why the Chapter 7 BK?

Deciding to file for Bankruptcy is a lot more than having a job. There are many other factors of which you may not understand.

If a person has a job and can make monthly payments... they are forced into a Chapter 13.

[Worked4Citi]

If you could have a good job and can make monthly payments... Why the Chapter 7 BK?

[CCCrazy]

Thanks for all the support guys...man I hope you are right and they are just blowing smoke...they have been unbelieveably aggressive thru the whole thing...first AMEX calling me all the time...then one CA, and then CollectCorp who have to spawns of Satan himself...no, there were no luxury purchases 6 months before filing - I stopped paying my credit cards 7 months before filing.

Any yes, no creditors and no UST at my 341. I will let you all now the contents of the letter my lawyer is forwarding to me - hopefully I get it today, otherwise on Monday.

[whipster1]

IF the UST wasn't at your 341 meeting you are probably OK. They are the taxpayer paid hired guns for the unsecureds.

If AMEX does go to the trouble of filing a AP, you can probably work out a settlement for pennies on the dollar unless they have hard evidence of the factors listed above. I bet they are just yanking your chain.

[JRScott]

They couldn't send the letter directly to the client that is a violation of the automatic stay. They can however send such to the lawyer in hopes of some negotiation I believe. The lawyer could then pass it on to the client.

On debt that you object to being discharged you have to prove each and every line. Only those proven survive. The burden of proof is generally high to prove such and usually not worth them fighting. They probably blowing smoke in hopes of something. APs are expensive.

Any large purchases the 6 months prior to filing?