Credit Cards that Dispute

[253BK]

On most cards how long until they will file a judgement??? We have been current up until this month but with the holidays and slow work we just wont have it!

We are filing in Feb 2008 any input???

[MajorMike]

On most cards how long until they will file a judgement??? We have been current up until this month but with the holidays and slow work we just wont have it!

We are filing in Feb 2008 any input???

Nice that you jumped into my post...create your own please!

[kmb]

AmEx has been a NIGHTMARE for us in our BK 13. Not only did they cancel my corporate card that was signed for by my company and didn't even have a balance, but they also filed objections to our claim. Their idiot attorney then postponed his appearance to his objections on 3 different occasions because he was too busy getting MARRIED! Our 341 was in June, we didn't get our plan confirmed until late Nov. due solely to AmEx. They objected to everything--our daycare expenses (we have documentation), my DH's child support payments (which is what caused us to file BK in the first place b/c they went from $150/mo to $1000/mo and were being GARNISHED by court order from his paycheck) to our entertainment expense of $50/month for a family of 4. In the end, the Trustee got fed up with their attorney, and they got stuck with our 23% payment plan, but they caused me quite a few tears in those 6 months.

Good luck with them---just stick with it and you'll probably be successful. According to our attorney, they've gotten really nasty lately.

[MajorMike]

So, if Amex feels like I bought these gift cards with no intention of paying them back, what can they do? Do they start a lawsuit and I have to go to court?
I left a few msgs for my attorney but he is on holiday for a few weeks. I'm all confirmed, etc...but I'm worried that they will try to say I owe them 4400 because I bought gift cards within 90 days of filing without making a payment to them.
If that is the case, I don't mind that amount being a priority debt or even paying them somehow, but how does that work?

[253BK]

Can of an ass arent ya mike??? your the one that was askin me why I was in chap 13 after buying a 100k car right???

Nice guy huh...

[MajorMike]

Can of an ass arent ya mike??? your the one that was askin me why I was in chap 13 after buying a 100k car right???

Nice guy huh...

I was joining in the discussion of the topic. You just jumped right in my thread and asked a question of your own. You could of said, "
I apologize for going off topic, but I have a question."...couldn't you?

[MajorMike]

By the way, I heard Amex will file a judgement after only 2 late payments but we didn't pay for 3 months and didn't hear a thing about from them until we filed.

[CindyLou]

Stopped paying my cc's in june '02....including AMEX and all the other major co.'s. I didn't file until Oct. '05. No judgements...not one.

Every case is different though.

And people...PLAY NICE! There is no reason to get upset....this person was asking a question related to this thread...happens all the time... We are all here for the same reason, right? To get info and share info, so whats the problem?

[253BK]

Thank you very much! FOR BOTH ANSWERS!!!

This site is the best

[MajorMike]

I'm still wondering if you guys can help answer my question. Can my case be dismissed because of this?

[AboutToBK13]

My gut says no you won't be dismissed. But, I really am not sure. Has your lawyer given any input?

[CindyLou]

the old law used to allow more leeway for luxury items purchased in the 90 day period right before filing a 13. Now those items are being tightened. However, Amex must first file the objection then win the objection. Then if they win, your case does not get dismissed...this debt just does not get included in the BK. You would have to work out something with Amex outside of the BK.

What has your attorney said about this? They have to prove that your purchase was for luxury goods or cash advances. Is this what they are claiming because of the gift card purchases? Has your attorney filed a response to the objection?

Now this is one of the pitfalls of being confirmed so soon. Now it will be very hard to make an adjustment to your plan if you are forced to make a deal with amex. I'm not saying the trustee would have approved anything different, but the chances of doing so before you are confirmed are bettter than after.

Hopefully your attorney will talk to you about what his plan is for responding to this objection. You have to object because the burden of proof is on you. If you do not object then then this debt will be excluded. Again, I am almost sure this would not dismiss your case, you would just be on the hook with AMEX and they could get a judgement for that amount which would accrue interest and fees while you are in BK if you do not make payment arranagements with them.