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    Probability of AP

    I have about 20 days left in my 60 of a discharge, can they do a AP this late, and how will it effect my case?
    I am worried about it; Citi is one; they have about 32k of my 88k-90k being discharge. One for 18k and one for 16k, one was sent to a collection lawyer already, but has dropped off my credit report as a Charge Off,
    the other one is 16k, was on it way to collection, but never made it to that status.
    Other is Chase, the next big $$ amount; that was sent to collections then some how droped off and still shows "Charge off".
    My Credit reports, now shows "DISCHARGED IN BANKRUPTCY" in the status field of the reports.
    AMX was 13k
    Discover 13k
    Chase 18k
    Please advise, I think we are in the wait and see stage, May 20th is the 60th day (Friday), then 61-62 is the weekend of 21st-22nd..


    Case type: bk Chapter: 7 Asset: No Vol: v
    Judge: X. Xxxxxxx Xxxxxx
    Date filed: 02/17/2011 Date of last filing: 04/12/2011

    Pending Statuses

    Status Begin
    Date Time in
    Status # Status Set By
    Awaiting Discharge 03/21/2011 40 days 341 Meeting of Creditors Held
    Last edited by AngelinaCat; 05-01-2011, 06:30 AM. Reason: Crossed out proper name.

    #2
    Yes, they still have time to object. It's 60 days. The time frame is established in the Federal Rules of Bankruptcy Procedure 4004 & 4007. If you feel like being lulled into a coma, read them here: http://www.law.cornell.edu/rules/frbp/rules.htm

    Whether or not they file an AP isn't going to be based on how much you owe, it will be based on whether or not they think they have a shot at winning.

    If you used your cards for luxury purchases or cash advances in the few months before filing, or if you used your cards to pay for things that would not normally be able to discharge (like taxes, tuition, fines, etc), or if you went to Tahiti 6 months ago and had a personal masseuse massage you to sleep every night (how lovely) then you might be in trouble.

    But if you used your cards for the normal stuff people buy, don't worry. They would have no basis for an objection and won't waste their time erecting one.

    You're almost done. Hang in there!

    edit: Forgot to add, if they file an AP and lose nothing happens to your case. You get discharged. If they file an AP and win, you would not be able to discharge the particular debt in question. If they file an AP accusing fraud, bad faith, etc then it could have an impact on your entire discharge. But if your charges are just the usual, don't fret. They won't file an AP and you will be in the clear in 20 days.
    There are two secrets for success in life:
    1.) Never tell everything you know.

    Comment


      #3
      don't worry, everyone worries, but its rare.

      admittedly I waited about 14 months after the last charges (no payments though) but some of my last charges were on vacation in paradise and it wasn't cheap. Until Amex cut me off I was paying, but when I lost my business credit line that was it. It probably could have went either way, but my business was in start up mode, I had booked the trip 9 months earlier and prepaid hotel and airfare, so I could have seen it going either way, but nobody filed an AP, and I owed citi 40k. 6 weeks affter the trip my income stopped, and my credit line was cut off, the new business ceased.

      But despite the huge amount and what could have been argues as questionable charges, no AP. I think I owed amex 15k, discover 15, chase 20, etc

      Comment

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