Adversary Threat Question

[gello]

Well, my lawyer emailed me today and recommends not paying any attention to the letter at this point. If they follow up, we can address it then, but according to him, I guess he doesn't expect it. I'll be praying until 5/10.

[justbroke]

Cool. I think that I like your attorney. Ignoring them is good because if they choose to file an AP, you'd have to fight it anyway, and could easily settle before it really gets going. Nice strategy.

[JackBondLove]

It seems, through talking with a few BK attorneys, that if the debtor has a big charge, then makes 3 months of payments, then stops - including using the card for purchases - then waits another 3 months to file, there will be no problems with APs.

[gello]

It seems, through talking with a few BK attorneys, that if the debtor has a big charge, then makes 3 months of payments, then stops - including using the card for purchases - then waits another 3 months to file, there will be no problems with APs.

Well, in my case, it was a balance transfer to a much lower rate. No additional charges. At the time, we had no intention of declaring BK. Now it is just wait and see. However, I do wish my attorney would have told me to wait to file, but I am hoping he knows more about than I here in NH.

[gello]

repeated post

[gello]

repeat post

[gello]

***Update***

Set to be discharged on Monday (5/10). Nothing further has been filed from the above company. Can they file an objection on the day that we are set to be discharged? How about a weekend? If they did, it would show up on the Pacer correct? I checked it late last night and nothing was showing, except typical stuff. So close, yet it seems so far.

[gello]

Additional info:

Had my 341 meeting on March 10. Says on my Pacer "Begin Date: March 11" So, if March 11 is day one, my 60th day would be tomorrow correct? However, it also says "Time in Status 58 days" Will it not switch to 59 until midnight?

[justbroke]

Set to be discharged on Monday (5/10). Nothing further has been filed from the above company. Can they file an objection on the day that we are set to be discharged? How about a weekend? If they did, it would show up on the Pacer correct? I checked it late last night and nothing was showing, except typical stuff. So close, yet it seems so far.

Yes, they can file up to the last minute. A good number of Complaints aren't filed until Day 60, unfortunately.

[TurnThePage]

Keep us posted! I think Chase was probably bluffing anyway; they were hoping for a settlement by using scare tactics.

[gello]

Well, here we are at 8:38 EST. Nothing on the PACER and my attorney told me this AM that he had not heard anything, and would contact me if he did. How fast would it show up on the PACER if they did in fact file an AP?

[ryan]

Damn , this is REAL drama!

[justbroke]

It should show instantly since the UST is a CM/ECF electronic filer.

[gello]

Update: Spoke with my attorney and he said he never received anything so we are in the clear and just need to await the discharge. I don't know why I don't feel relieved yet. How long does that normally take?

[DeadManCrawling]

Nothing to be nervous about.

If the 60 days is past, there is NOTHING they can file now, even if they claim they were late by mistake.

Discharge is an automatic action and varies by court according to how busy things are and their usual practices.

But, as far as a potential AP, you are almost certainly in the clear.