Originally posted by Busted42
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3 more days to object. Freaking out.
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OK,....... Let me see if I have this straight.
The CC company objected on the last day, but you still got your discharge. Right?
But Discharged ain't closed. And the fat lady don't sing until you're closed.
Does your attny feel confident he can get rid of the CC or get a manageable reduced settlement amount?? Any idea what the legal fees would be for that??Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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Yes. The CC co. objected on the last day (day 62 by the way). I received the discharge on 2/19(2/18). Discharge isn't closed. And my attorney is confident that the CC co. has no case. I'm just wondering why I got the discharge if there is an objection???....thanks for all the input.Originally posted by SinkingFastOK,....... Let me see if I have this straight.
The CC company objected on the last day, but you still got your discharge. Right?
But Discharged ain't closed. And the fat lady don't sing until you're closed.
Does your attny feel confident he can get rid of the CC or get a manageable reduced settlement amount?? Any idea what the legal fees would be for that??
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Busted42,
OKAY, to help with some of your questions.....
Even though you had a "adversary complaint" filed by one of the credit card companies, you still received your discharge from regarding all the other debts. You are no longer responsible for them.....
The case will not be closed until the adversary complaint issue is settled.... and yes this is an added expense, but sometimes well worth it..... Your attorney should tell you the pros and cons of whether its worth fighting or not.... If you don't fight it, you will end up paying it....(default judgement).... If you fight it you may come out smelling like a rose since they have the "prove" your intent!!!!
If you attorney feels comfortable in fighting it, have him tell you what your up against, what it will cost, and odds of beating it..... (I understand he wants to fight it).....
Even if you should loose you could end up paying it back on pennies on the dollar to your advantage.
You might not have to pay back anything at all once it gets in court.....
Your case will not say case closed until the adversary company is settled.
Any more questions, feel free to ask.....
Keep us posted.
Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.
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Originally posted by Busted42How ironic, my trial date is set for 9/11. I'm wondering if I should fight it anymore,or should I cave and switch to a 13? Any suggestions? I really need this to be over with.....I'm going downhill rather quickly because of this.
Not enought information. How much are they disputing? When was the last charge and how many days or months before you filed? If you feel you were wrong then have your attorney negotiate this to favorable terms and pay it back. I wouldn't convert this to a 13. If you did anything like make major charges just before filing the judge will see it and rule in their favor. If this is the case then settle it. Only you know. Good luck.
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It would help to know how much money we're talking here. And all that other stuff FAHM noted.Originally posted by FoolAndHisMoneyNot enought information. How much are they disputing? When was the last charge and how many days or months before you filed? If you feel you were wrong then have your attorney negotiate this to favorable terms and pay it back. I wouldn't convert this to a 13. If you did anything like make major charges just before filing the judge will see it and rule in their favor. If this is the case then settle it. Only you know. Good luck.
Even tho you have a trial date set, it doesn't mean the CC company won't come back to your attny with some sort of negotiated amount.
Somebody recently said their CC company came after the whole balance. Something like $15000 if I remember correctly. The attny told them to go fly a kite. They came back wanting $2K the second time. Attny told them off again. They came back a third time for $1500, 0% interest, and small monthly payments.
You got rid of the rest of your debt in the BK. Now you just gotta haggle with ONE more and it's all over. Hang tough!!Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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I had already posted the situation I was in...cash advance of about 13g...filed about 110 days later....paid off some bills, etc; ....the other stuff was discharged, this creditor filed the adversary on day 61...I'm thinking to just go the 13 route, I'm sick and tired of forking over $ to attorneys.
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OK,.............. I looked back in the thread. You did say CA's that were over 90 days old. That your attny thought they didn't have a case as well.
At $13K, if you pay a few bucks to the attny to get a negotiated settlement, it could be well worth it. Say you take 2 hours of attnys time. What's that gonna cost?? $500?? And get a negotiated settlement of say $2K, that could be money well spent.
I know you're tired. This whole thing really wears on a body. And we haven't even filed yet.
We've been in a downward spiral for 2 years now. Seems every thing we touch tarnishes. And now, on top of it all, we have Bi^chy Landlord who thinks we intentionally plugged our sewer line and wants us to pay her $250 for the bill to clean out the pipes.
Hubby said FU her, if you know what I mean. She can get in line behind every one else.
You FIGHT, Busted!! Gird on your armor and let those CC so and so's know you mean business. You've already beat every one else. Just one left standing. You can beat this one too!!Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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Originally posted by Busted42I had already posted the situation I was in...cash advance of about 13g...filed about 110 days later....paid off some bills, etc; ....the other stuff was discharged, this creditor filed the adversary on day 61...I'm thinking to just go the 13 route, I'm sick and tired of forking over $ to attorneys.
How does your attorney plan on defending this? It sounds like they do have a case. You could have your attorney negotiate 50 cents on the dollar interest free and get it overwith. If something suddenly changed with your situation within the 110 days then you can defend it. Other then that I don't know what he has up his sleave to defend this. Good luck.
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WooooooHooooo!! Busted!!
Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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