I'm FILED but still worried.

[BBW]

My attorney did file when he said he did. It just took 24 hours to show up in pacer for some reason. But it's there now. I have my 341 in 3 weeks. Now I am only worried about a creditor complaining I listed a higher income on my application or request for a credit increase. That's pretty much my only skeleton in the closet. I hope it's not an issue. What do you think?

[OhioFiler]

Don't worry about it unless you opened the account in the last year or so. How much do you owe on this particular card?

[frogger]

Have you discussed it with your lawyer? You pay him to worry for you. Use him....

[shabam]

Most creditors will have multiple reasons to object, not just income.

[justbroke]

First, I like to say it is what it is at this point. Second, in the super majority of cases (99.99%) creditors don't even seek to file complaints unless they can absolutely prove something. I would not worry about what you put for your income, unless it was obscene.

Congratulations on filing.

[BBW]

Don't worry about it unless you opened the account in the last year or so. How much do you owe on this particular card?

I'm worried about my largest creditors I always listed my household income rather than my income, my ex's income on applications which was only an extra 10-20k per yr.

I'm worried about the credit union that I owe for my car $23k and my two largest credit cards $18k and $10k.

[BBW]

Have you discussed it with your lawyer? You pay him to worry for you. Use him....

He said it probably won't come up. But it could. And I would usually have to settle with them.

[UpsideDownMI]

I think that most people have "fluffed" their income on credit apps at some point. In the AP cases that I have studied on this issue, more weight is put on the debtors intent to pay than anything else. Just because you may have "fluffed" your income doesn't mean that you did not intend to pay. The key would be that you did pay on your debt for some time after this occured. That would negate any claims of fraud. In any case, what's done is done, so try not to worry about unless it comes up. Good luck to you.

[BBW]

Oh that's good. Yes I paid right up to filing, and I've "fluffed" my income for years. I also used any extra money I received (gifts, tax returns) to pay down balances. Only for them to go back up again. What a waste of money. I should have filed months ago.

[chad9162]

I wouldn't worry about.

1. A creditor would have to object, they rarely do.

2. I don't think creditors would know if you "fluffed" your income. If they knew why did they give you credit based on your fluff amount.

3. Creditors usually object to things that show a "presumption of abuse" like charging within 90 days. Incoming fluffing is a little harder to prove and technically household income could be explained.

4. Also just because you used your card within 90 days doesn't mean they will object. The amount has to be worth wild. Remember its cost creditors filing fees to object. I had small charges under $200 within 30 days of filing. No objections. At my 341, I didn't see any creditors.

Lastly, you're attorney is correct. You can settle anything. Pennies on the dollar. But in your case I doubt fluffing will even come up.

[BBW]

I feel a little better. I think they would know because it says on my paper work 2007 income 52k 2008 income 50k. And during those yrs I applied for cards or increases listing 60-80k income.

[chad9162]

Yeah but I don't even think creditors look at fluffed income as a deciding factor to object. Now if you did $10K in Cash Advance or Balance transfer 90 days prior to filing they would object because they'd be able to get more money than filing cost. Its all a numbers game. I doubt they even look at income. Creditors scrutinize your charges for presumption of abuse because its easier to prove and less costly for them. If you have nothing, they just move on and chalk it up as a loss.

[BBW]

Ok that's good. The only things I have within 90 days are monthly recurring ADT security and onstar charges.

[justbroke]

Yeah but I don't even think creditors look at fluffed income as a deciding factor to object.

No. It's a contributing factor but, on it's own, is not proof of fraud. There is plenty of caselaw to indicate that the false statement of income can only be used as a contributing factor, not a deciding factor.

They'd have to prove that you never intended to actually pay.

Now if you did $10K in Cash Advance or Balance transfer 90 days prior to filing they would object because they'd be able to get more money than filing cost.

The reason they are more apt to file a complaint on dischargeability on a charge done within 90 days, is because the Bankruptcy Code itself says that a.) you're insolvent 90 days before filing, and b.) any charged over about $600 within the 90 days of filing are presumed to be non-dischargeable. That way, the burden of proof rests o you, and not them to prove that you weren't insolvent and that the debt should be discharged.

[chad9162]

Ok that's good. The only things I have within 90 days are monthly recurring ADT security and onstar charges.

I think you'll be find. Justbroke elaborated on my answers. The obvious point here is that creditors play the number game when deciding to object. If they're not going to make enough to cover filing fees and appearance fees they chalk it up as a lost.