How Likely Are The Creditors To Object

[banca rotta]

You probably have no way of knowing if your attorney is good until you get your discharge with no problems. This just requires a lot of homework, going to meetings to see how the attorneys are, some guess work and a prayer.


As for the recent charge 6 months seems to be a safe number but that also depends on the amount, your financial condition at the time of the charge and payments since you made the charge.


It's mentioned here a lot things like "the creditor has the burden of proof", "don't worry if the creditor loses they pay your legal fees", etc.

Since the bk process is so stressfull to begin with my advice is if you or anyone in this situation have any questionable charges or cash advances and you are not sure just sit it out and wait like 9 to 12 months. Rarely does anyone object to that unless it's a private creditor such as a business partner.

Good luck

[SoStressed58]

[QUOTE=JustOverBroke;318670]

Our attorney wears a badge that reads "Good Attorney"!


Darn,I wish I would have looked for that when we hired ours. LOL

You need to make sure you ask a lot of questions before you hire him/her.
Make sure you ask what his fees all include or don't include.

When we hired our "Generic Attorney" I was under the impression that what he quoted us was for everything,I couldn't be more wrong.

It turned out my fee was $996.00 plus filing,then $504.00 more to take a means test,then we have a lawsuit pending (very small) and since that attorney wouldn't give us a value on the case so our BK attorney put "Unknown" on our petition.
At our 341 the trustee told him to send her an amended I and J with the max exemption allowed.

I received that in the mail with a letter that told me to sign the forms and mail them back with a check inclosed another $49.50.

I love this guy!!!!!

So make sure when you interview you have a list of questions you can refer to.

Mine was 1300 and pay for my own credit councling. He was suppose to pull our credit reports this week I called him yeaterday and forgot all about me retaining him a week ago now I am beginning to wonder

[Pizza]

No problem. Keep researching, this site is loaded with helpful information. I've learned so much since I joined.

[SoStressed58]

There should be no scrutiny for what you have described.

'Charges in excess of $500 (or maybe $750) for luxury purchases within 90 days of filing'.

Taking care of the kids is no luxury. You should be fine.

Thank you so much for all your replies. Lindsey

[Pizza]

Yes there was changes in the income me suppirting my daughter on my own and just getting disability.Attorney said as long as I didnt take this big vacation.Thats fraud.The income has changed and I dont know what will happen if it dpes get throwed out of court and br=eing on disability . Thanks for yopur input. Lindsey

There should be no scrutiny for what you have described.

'Charges in excess of $500 (or maybe $750) for luxury purchases within 90 days of filing'.

Taking care of the kids is no luxury. You should be fine.

[lrprn]

Still wondering how the attorney can charge extra for the means test when the means test is part of the filing.

The same way one doctor charges $100 for an routine office visit and another doctor right next door charges $150 for the very same routine office visit. It's the free market, baby!

Seriously, as professionals, lawyers set up their own fee structures. It's up to the consumer to make sure what they will be paying for and what other lawyers' fee structures are like before signing on the bottom line.

This is one more reason why having at least 3-4 pre-filing initial consultations with bk lawyers in the area is so important. Finding out each lawyer's total fee and what services that fee includes is a very important part of each free consultation visit.

[whipster1]

Still wondering how the attorney can charge extra for the means test when the means test is part of the filing.

[SoStressed58]

[QUOTE=JustOverBroke;318670]

Our attorney wears a badge that reads "Good Attorney"!


Darn,I wish I would have looked for that when we hired ours. LOL

You need to make sure you ask a lot of questions before you hire him/her.
Make sure you ask what his fees all include or don't include.

When we hired our "Generic Attorney" I was under the impression that what he quoted us was for everything,I couldn't be more wrong.

It turned out my fee was $996.00 plus filing,then $504.00 more to take a means test,then we have a lawsuit pending (very small) and since that attorney wouldn't give us a value on the case so our BK attorney put "Unknown" on our petition.
At our 341 the trustee told him to send her an amended I and J with the max exemption allowed.

I received that in the mail with a letter that told me to sign the forms and mail them back with a check inclosed another $49.50.

I love this guy!!!!!

So make sure when you interview you have a list of questions you can refer to.

Thank you so much. I met with him twice for free before I decided to contain him.Not bad hun.I appericate your answer. Lindsey

[SoStressed58]

The million dollar question will be:

"Did you intentionally charge up your credit cards (or make other loans) with no intention of paying them back?"

The burden of proof is on the creditors, if they want to bother making that claim. This gives you the upper hand as long as you can honestly answer "NO" to that question. Did you lose any or all of your income? Did you have a large and unexpected expense? As long as you can confidently answer "No, I did not defraud any creditor", there should be no worries. Intent is difficult to prove (as long as there are no OBVIOUSLY fraudelent charges), and putting more time between the charges and the filing makes intent even more difficult, if not impossible, and the less likely they are to object. Pretty simple, eh?

Yes there was changes in the income me suppirting my daughter on my own and just getting disability.Attorney said as long as I didnt take this big vacation.Thats fraud.The income has changed and I dont know what will happen if it dpes get throwed out of court and br=eing on disability . Thanks for yopur input. Lindsey

[JustOverBroke]

[QUOTE=OhioFiler;318650]Our attorney wears a badge that reads "Good Attorney"!


Darn,I wish I would have looked for that when we hired ours. LOL

You need to make sure you ask a lot of questions before you hire him/her.
Make sure you ask what his fees all include or don't include.

When we hired our "Generic Attorney" I was under the impression that what he quoted us was for everything,I couldn't be more wrong.

It turned out my fee was $996.00 plus filing,then $504.00 more to take a means test,then we have a lawsuit pending (very small) and since that attorney wouldn't give us a value on the case so our BK attorney put "Unknown" on our petition.
At our 341 the trustee told him to send her an amended I and J with the max exemption allowed.

I received that in the mail with a letter that told me to sign the forms and mail them back with a check inclosed another $49.50.

I love this guy!!!!!

So make sure when you interview you have a list of questions you can refer to.

[Pizza]

The million dollar question will be:

"Did you intentionally charge up your credit cards (or make other loans) with no intention of paying them back?"

The burden of proof is on the creditors, if they want to bother making that claim. This gives you the upper hand as long as you can honestly answer "NO" to that question. Did you lose any or all of your income? Did you have a large and unexpected expense? As long as you can confidently answer "No, I did not defraud any creditor", there should be no worries. Intent is difficult to prove (as long as there are no OBVIOUSLY fraudelent charges), and putting more time between the charges and the filing makes intent even more difficult, if not impossible, and the less likely they are to object. Pretty simple, eh?

[SoStressed58]

Refer to the 'Creditors: How Likely Are They to Object' Sticky and keep as much documentation as you can.

At least three and maybe six months per se, but a creditor can object to anything (if it is worth it to them, because it can get expensive)

Thank you for your reply. I guess I will soon find out in a couple of months. I have been sending them payments but cant go over my six hundred. My attorney seemed to think it wouldnt be a problem,I will see hun?

[SoStressed58]

Thats even after six months? I like that about your attorney

[Pizza]

Refer to the 'Creditors: How Likely Are They to Object' Sticky and keep as much documentation as you can.

At least three and maybe six months per se, but a creditor can object to anything (if it is worth it to them, because it can get expensive)

[OhioFiler]

Our attorney wears a badge that reads "Good Attorney"!

If you are comfortable with your attorney it is a good fit for you. No one size fits all attorneys out there.

There is no way to know whether a particular creditor will file an objection but if the creditor believes you obtained the debt fraudulently they are more likely to object.