worry about getting hit with an AP

[dongris]

Hi,

i took a debt consolidation loan 7 months ago for $20,000 from discover bank. $16500 went straight to pay off my debts and $3500 to my account. I made all the payments (468x6=2808) until now that i did chapter 7. i did not lie on the loan application in order to get the loan.

should i be worry about getting an AP from them?

Thanks

[LadyInTheRed]

It sounds like the loan was too long ago to be presumed not dischargeable under 11 U.S. Code § 523(a)(2)(C)(i), so the creditor would have to prove that you took the loan under false pretenses. That is hard to prove, so it is unlikely they will file an AP. Here's the law on exceptions to discharge: http://www.law.cornell.edu/uscode/text/11/523


It sounds like you already filed Chap 7, so there really is no point in worrying about it now. What is going to happen is going to happen.

[dongris]

my 341 was yesterday and no creditors showed up. the meeting was over on less than 5 minutes. 60 more days to go!

[AngelinaCat]

Welcome to the 60 Day Club!

There is no guarantee that an AP won't be filed against you, but with everything you have told us, it is highly unlikely--and the likelihood diminishes with each passing day.

Good wishes to you, and welcome to the Forum!

[dongris]

1 month to go and no news, which is good news!

[dongris]

well, the bar date was yesterday and nothing was filled.

[youngman]

Thanks for keeping us updated. Its nice to know how these things turn out.

[pamkev]

Glad all went well

[catleg]

Congrats! There aren't many creditors who go for AP's. Two general categories that I have noticed WILL do it are:
-- Amex towards business accounts
-- casino credit lines

[bk2ok]

I wouldn't worry about anything until it happens. Preparation is the key. Have a plan for both outcomes. Good Luck...Gary