Last Day to Object-And Someone Did!

[Lookadat]

I had just gone through my 2004 exam, and had heard nothing up until the last day to object. Why is it always on the last day? So now the CC company wants me to pay, and their objection is filed. It is under another case number, so I have asked the lawyer to advise if I should fight or give up, and the costs either way. Why do these people think I went BK? I feel like a turnip....

[OhioFiler]

What is their objection based on?

[backtoschool]

How much is the objected charge for? It will cost you at least $5,000 to fight an adversary proceeding in court. If the charge is around that, or less than that it is probably easier to settle it.

What were their grounds for objection?

[debtmonster]

Just because somebody objects, does that mean they automatically get money? How does that all work?

[Lookadat]

My Bipolar spouse charged 23K on thier credit card, among others, and their objection was based on the current income not supporting the debt(s), so it seems in their opinion, that we never intended to pay the bill(s). Min. Paymts were made, and returns over 5K. We owed 18K to them when we filed. After the charges were made, my salary decreased by 12K per year due to company cutbacks and forced into another job. Had no other choice but to file. The UST already suspected fraud so they had a 2004 meeting with us and I had to un-reaffirm my car this week to pay the $335 court reporter bill. Any more fees, charges, or payments and I won't be able to survive....

[backtoschool]

Just because somebody objects, does that mean they automatically get money? How does that all work?

No, you have to have an adversary proceeding which is a trial and is not included in the fee you paid your bankruptcy lawyer, so you have to add on extra legal fees. In an adversary proceeding you go in the bankruptcy judge's courtroom and defend yourself. It is expensive and unless the disputed charge is way more than $5,000-$10,000 it is probably better to settle.

Creditors have to pay court costs too, and if they are contesting the discharge, then they probably feel they can win the case. (unless they are disgruntled family members or individual creditors)

[OhioFiler]

Did they already file the AP? They may be trying to squeeze a settlement out of you.

I'm more concerned about the casual mention that the UST suspected fraud. On what grounds?

[debtmonster]

One of the last things I financed was the Bowflex through HSBC. I think I owed them $1100-1200. I was never late on a single payment. I wonder if they will object? Instead of re-affirming, I'd rather give it back since I have now moved from a 3 bedroom house with lots of room down to 1 bedroom where we are now living like everything is in a closet. It will be a while until we can afford to get a bigger place. I have to save up to put a huge down payment on a car. Then I will need to save thousands more to put first, last and security on an apartment, townhouse or whomever will rent to me.

The HSBC are the only people that I am worried will object at the end just for spite.

Also, what happens if you don't have the money at the time to pay the attorney to go back and do more legal work?

[Lookadat]

The charges in my case were many in a very short period of time, and coupled with a salary reduction must have raised a flag to the UST. I am participating in a group legal service, so civil litigation is covered, to what extent I am not sure. The complaint is filed. Now the fun begins.

[albacore44]

The charges in my case were many in a very short period of time, and coupled with a salary reduction must have raised a flag to the UST. I am participating in a group legal service, so civil litigation is covered, to what extent I am not sure. The complaint is filed. Now the fun begins.

Did you file shortly after the charges were made ?? what state are you in ?? and what CC company is it ??

[Lookadat]

I filed about 5 months later, after trying to pay everything on time. We live in the state below west TN, and the CC company is also one that provides auto/home and FARM insurance services.

[Lookadat]

Actually, closer to 4 months. But the majority of charging was for two months, and before that, we were 'perfect citizens' with 780+ credit scores. ....

[OhioFiler]

What did the UST determine after he filed a presumption of abuse?

[Lookadat]

The UST did not file anything. I guess he was unable to determine? And is this why the CC people jumped in? If the UST had filed a no presumption of abuse this probably would not have happened. The UST can say YES/NO/or no answer at all and let time run out, I think.....

[debtmonster]

My UST filed a no presumption of abuse. But that doesn't stop the CC's from filing objections, right? Or if he does put that, should those people be put to rest?