Is there a Judge?

[davids]

my wife said she had to get in front of a judge 10 years ago when she filed, bla, bla, is this the same case today, or is this known as the 341 creditors meeting. ive read through some of these forums and i dont really see anyone getting up in front of a judge, but i do hear a lot of people ggoing to this 341 meeting for 15 minutes.

[FoolAndHisMoney]

my wife said she had to get in front of a judge 10 years ago when she filed, bla, bla, is this the same case today, or is this known as the 341 creditors meeting. ive read through some of these forums and i dont really see anyone getting up in front of a judge, but i do hear a lot of people ggoing to this 341 meeting for 15 minutes.

Actually the meeting is only about 5 minutes or less in most cases. If something is "questionable" that it could take longer.

No judge unless the US Trustee tries to convert you to a chapter 13 or if a creditor disputes the discharge for a particular debt and you don't agree with their dispute, then you will go before a judge. Also fraud will mean a visit to a judge and possibly worse .

[davids]

hi

Actually the meeting is only about 5 minutes or less in most cases. If something is "questionable" that it could take longer.

No judge unless the US Trustee tries to convert you to a chapter 13 or if a creditor disputes the discharge for a particular debt and you don't agree with their dispute, then you will go before a judge. Also fraud will mean a visit to a judge and possibly worse .

I owe chase #1 $15k
I owe chase #2 $15k

why would they not dispute that does that mean I would end
up in front of one? I cant see them letting that go....but thats
what BK is for anyway... so whats the point of the dispute? if I
am going to BK?

[FoolAndHisMoney]

I owe chase #1 $15k
I owe chase #2 $15k

why would they not dispute that does that mean I would end
up in front of one? I cant see them letting that go....but thats
what BK is for anyway... so whats the point of the dispute? if I
am going to BK?

Doesn't matter how much you owe who. What matters is can Chase prove that you intended on filing for bankruptcy when you incurred the debt? Did you use credit recently and if so was it large purchases, especially cash advances?


Did you lie on the credit application about income?

[davids]

hi

Doesn't matter how much you owe who. What matters is can Chase prove that you intended on filing for bankruptcy when you incurred the debt? Did you use credit recently and if so was it large purchases, especially cash advances?


Did you lie on the credit application about income?

who doesnt stretch the truth about income? and
why would that matter at this point in time?

ahhh, i see now... thats a negative, all my accounts have been shutdown,
and you cant use credit when they shut your accounts off so, I havent used a CC for at least 6 months.... I did sell my mobile, made $20k but that went quickly too on housing, food, etc...but that was almost 8 months ago.

[StaciMM]

Creditors can't object just because they don't want you to BK the debt. (They'd all object then!) They can only object if there were large purchases close to filing, or if you had recent cash advances or balance transfers. The longer ago transactions happened, the harder it is to prove you had bad intent.

[FoolAndHisMoney]

"who doesnt stretch the truth about income? and
why would that matter at this point in time?"



This is actually a setup on the part of the banks. Any "thinking" creditor will not only base your approval on credit report, but verify employment and annual salary. They have access to all this info and hope that you lie on the application, so they can throw it in your face as well as the judges when someone files. This particular form of fraud is rarely objected since as you said millions "stretch the truth" especially if it's been more then a year before filing.


You may want to have receipts available for the 20k that you spent on "living expenses". You will be asked under oath if any property was sold in the last 2 years and if you answer yes, be prepared to explain where the proceeds went or they can dismiss your case.