well in general i would agree. but that is not how the US Trustee or the creditor sees it when they don't want to see it if you know what i mean.
if the US Trustee sees money he thinks he can get then he motions for it and throws in the kitchen sink using the closest 'scam/fraud' case he can get to.
if the creditor wants their money and they think they have a shot then they will charge your case with anything and everything they can conjure up.
when all this happens you will take a hit. if not in terms of money to fight the case then at least time and big time stress.
i don't really think many people but a few here have read as many cases as i have from the initial filing to the motion to dismiss or the creditor objections and then the trials that come afterward. from my experience, obviously limited i must add, i can see many things that you, i, and quite frankly everyone, have done that could be trumped up as one of those schemes.
the cases don't just involve big ticket items. they also involve groceries on credit cards or cash advances to make payments as well. with respect to these cases all that is needed is to be in use of the cards while you obviously couldnt pay them back. that really points to a lot of people if not all of us. isnt that why we use the cards?
my strongest point is that if the US Trustee smells money then he can wizard up anything and if the creditor thinks its a good likeyhood based on whatever calcualtion they do at the time then they too will wizard up a scam and then you are in trouble from there on. what this means is that its not about what you really did while using the cards, it starts with what they want and leads to anything they can find to force you to pay. ok business is business but when faced with overwhelming odds then its not exactly fair.
do these things happen often? no, not from what i've seen when compared to how many cases there are. but they do happen and if you are filing bk you must plan it so that you are not going to get caught up in these problems.
knowledge goes a long way to help you file correctly and its very tough to get this information for bk cases. i know. ive struggled since the start.
the good news is most everyone will be fine, unless you are not.
if the US Trustee sees money he thinks he can get then he motions for it and throws in the kitchen sink using the closest 'scam/fraud' case he can get to.
if the creditor wants their money and they think they have a shot then they will charge your case with anything and everything they can conjure up.
when all this happens you will take a hit. if not in terms of money to fight the case then at least time and big time stress.
i don't really think many people but a few here have read as many cases as i have from the initial filing to the motion to dismiss or the creditor objections and then the trials that come afterward. from my experience, obviously limited i must add, i can see many things that you, i, and quite frankly everyone, have done that could be trumped up as one of those schemes.
the cases don't just involve big ticket items. they also involve groceries on credit cards or cash advances to make payments as well. with respect to these cases all that is needed is to be in use of the cards while you obviously couldnt pay them back. that really points to a lot of people if not all of us. isnt that why we use the cards?
my strongest point is that if the US Trustee smells money then he can wizard up anything and if the creditor thinks its a good likeyhood based on whatever calcualtion they do at the time then they too will wizard up a scam and then you are in trouble from there on. what this means is that its not about what you really did while using the cards, it starts with what they want and leads to anything they can find to force you to pay. ok business is business but when faced with overwhelming odds then its not exactly fair.
do these things happen often? no, not from what i've seen when compared to how many cases there are. but they do happen and if you are filing bk you must plan it so that you are not going to get caught up in these problems.
knowledge goes a long way to help you file correctly and its very tough to get this information for bk cases. i know. ive struggled since the start.
the good news is most everyone will be fine, unless you are not.
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