Hypothetical Scenario � what would stop creditor from filing an AP?

[potsie834]

[TurnThePage]

Well, this is just my opinion -- a Creditor would have to file the AP on solid ground, i.e. large cash advances within a short time prior to the Debtor filing Bankruptcy; a rapid increase in spending, followed by 90+ days with no activity, etc. If the debt is huge, like 150K as you stated, a Creditor is likely to pursue the AP if little or no payments were made on the account.

A reason why a Creditor would not file an AP is simply a burden of proof issue: do they have a strong case? If not, they could be liable for the Debtor's attorney fees in addition to losing the discharged debt.

[AngelinaCatHub]

potsie834: I am perplexed. Why are you asking? There must be more to this and you need to provide more info. Do you owe 150K to ONE creditor? Do you have any info on why this one creditor would wish to AP?

I have been in an AP so I do understand many reasons. One is vindictive reasons, or abuse.

Most of the time, except in secured debt, or abuse, or malicious reasons, an AP would not be warranted or even feasible. As in any lawsuit. anyone can sue anyone for anything. The burden of proof goes towards the Plaintiff.

Advise of better reason for your concern. Otherwise, why the worry? 'Hub

[potsie834]

Thanks “TurnThePage” and “AngelinaCatHub” for your response.

AngelinaCatHub, I do owe about $150,000 to one creditor in unsecured debt, but in all honesty there really is no reason for the creditor to file an AP against me; however, like you said in your reply “Anyone can sue anyone for anything”, this is very true. This is why I asked the question; it seems to me it would make business sense as a creditor to file AP’s on everything, knowing that most people would settle. I was just curious as to why a creditor would not utilize this tactic, since a creditor can dismiss an AP as easily as filing one. I was no sure if there were some legal issues that creditors would face if they used such a tactic. I simply posed the scenario as “Food for thought”.

Respectfully,

Potsie834