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Do creditors file AP based on individual card or many

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    Do creditors file AP based on individual card or many

    Ok here is another one to think off. Do creditors file AP for only 1 card or do they lump all cards for the same bank?

    Simple example:

    If I owe chase 60k but divided into 3 or 4 cards. Will chase file AP to discharge the full 60k or individual card?

    #2
    Why are you worried about this? I had over $60K with American Express and it wasn't an issue.

    The only issue would be if you ran up $60K rather quickly, or you had "luxury goods or purchases" over the threshold ($500) within 90 days of filing. Or you obtained a bunch of cash advances (over $750) within the threshold period of 70 days. Remember this is found in 11 USC 523 (exceptions to discharge) and the code specifically reads "single creditor" and "aggregating".

    Most people need not worry about this sort of complaint unless there was provable fraud or the creditor feels confident that they can prove that you did then when you knew you were insolvent.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Ya I'm a person that worry too much by nature. The thing is I wasn't planing to file with my wife. But when I saw the lawyer he said since I have also debt and my wife have no income we should file jointly to get the most benefit out of it.

      I did have cash advance in august about 10k to fix few things at home and pay some medical bills but it has been over 6 months so hope no issue.

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        #4
        If it was last august and you have been making regular payments, it is usually not a problem.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Ya I stoped payment in December because my lawyer asked me to stop paying credit cards

          Comment


            #6
            Just a bit of correction to my previous post. The 10k was balance transfer check 0% APR for 1 year

            Comment


              #7
              Balance transfers, by definition, are not considered "incurring" debt, so the creditor would have no grounds to object. People commonly transfer balances from one card to another in the months leading up to bankruptcy, as they are trying to lower their payments in order to remain current on their debts. If bankruptcy becomes necessary afterward, that is NOT a problem for purposes of creditor objection.

              Comment


                #8
                How about the balance transfer checks that you write to anyone including yourself with 0% apr?

                Comment

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