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Creditor's Objections in the 90 Days

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    Creditor's Objections in the 90 Days

    We are nearing the end of our 90 day period for filing of objections. Neither trustee is going to pursue dismissal; therefore, if there is nothing from a creditor by the end of the 90 days, we're clear. So far, nothing yet.

    What was your experience with the creditor's filing of objections? Did they file right away? Or was it closer to the end of the 90 day period? We're wondering if they tend to file right at the end of the period. We're wondering if we'll get something on the 89th day.

    I'd be interested in any and all anecdotes, especially regarding Chase. Thanks.

    Spike

    #2
    I have seen very few posted here with any objections. Usually, it is the people that make large cash withdrawls or large purchases prior to filing BK (even before the 3 month window) or have given preferential treatment to a creditor. I was surprised to learn here that if you are below the median income, the creditors can't object (only the trustee can).
    *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

    My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

    Comment


      #3
      Originally posted by anonymuse View Post
      I have seen very few posted here with any objections. Usually, it is the people that make large cash withdrawls or large purchases prior to filing BK (even before the 3 month window) or have given preferential treatment to a creditor. I was surprised to learn here that if you are below the median income, the creditors can't object (only the trustee can).
      Really? That's an interesting peice of information.Do you know where you read that or did your attorney tell you? A creditor cannot file an Adversay Proceeding if a debtor is below the Median Income?? I've researched quite a bit about objections from Creditors and never ran across anything that states this....
      Mmmm.
      Donna
      Donna

      Filed Pro Se August 10,2006 :cry: 341 Meeting: September 19,2006 :blink: Last Day to Object: November 20,2006 :cool: Discharged: November 27,2006 :clapping: CLOSED: December 15,2006 :tongue:

      Comment


        #4
        Originally posted by railspike2 View Post
        We are nearing the end of our 90 day period for filing of objections. Neither trustee is going to pursue dismissal; therefore, if there is nothing from a creditor by the end of the 90 days, we're clear. So far, nothing yet.

        What was your experience with the creditor's filing of objections? Did they file right away? Or was it closer to the end of the 90 day period? We're wondering if they tend to file right at the end of the period. We're wondering if we'll get something on the 89th day.

        I'd be interested in any and all anecdotes, especially regarding Chase. Thanks.

        Spike
        Spike,I've been looking at Pacer and most of the objections come within 30-45 days of the Filing of the Petition by the Debtor.And like anonymuse stated it's from people taking out large sums of money within 90 days of the filing of the Petition.If you did not take out any large sum of money or buy luxury items within that time period you should be OK.The one I see object most often to a cc discharge is MBNA.They'll slap you with it almost immediately.
        Good Luck! Hope everything turns out OK for you.
        donna
        Donna

        Filed Pro Se August 10,2006 :cry: 341 Meeting: September 19,2006 :blink: Last Day to Object: November 20,2006 :cool: Discharged: November 27,2006 :clapping: CLOSED: December 15,2006 :tongue:

        Comment


          #5
          Originally posted by 9877donna View Post
          Really? That's an interesting peice of information.Do you know where you read that or did your attorney tell you? A creditor cannot file an Adversay Proceeding if a debtor is below the Median Income?? I've researched quite a bit about objections from Creditors and never ran across anything that states this....
          Mmmm.
          Donna
          I'll look back through my posts tonight and find the one where someone told me this about 2 weeks ago and it really surprised me!
          *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

          My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

          Comment


            #6
            I did find it:



            Look for SinkingFast's post on 09-07-2006, 12:24 PM
            *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

            My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

            Comment


              #7
              quoted from sinkingfast:No Creditors can object to you filing a Ch 7 when you are below the Median.

              Yes that refers to filing a Chapter 7 if your under the median income.It doesn't refer to wether a creditor can file an 'adversay proceeding' to prove wether your debt is dischargable or not.Which everyone talks about when they say 'date to object to discharge'.
              Don't want one of those !
              Thanks for posting the link.
              Donna
              Donna

              Filed Pro Se August 10,2006 :cry: 341 Meeting: September 19,2006 :blink: Last Day to Object: November 20,2006 :cool: Discharged: November 27,2006 :clapping: CLOSED: December 15,2006 :tongue:

              Comment


                #8
                Did You Say Chase???

                Comment


                  #9
                  List of Creditors

                  Hmmm .. interesting .. I'm waiting to see if I get any objections from Creditors myself. Here is a list of my Creditors, maybe someone can recognize and tell me if any of these should put of a fight .. I heard credit unions are notorious ?

                  Navy Federal Credit Union
                  Proponent Federal Credit Union (was once HLR Federal Credit Union)
                  Pay Pal
                  Chase
                  Chevy Chase
                  BB&T
                  Providian

                  Well, I have been paying these guys back up to the time I filed in July, all in all I paid about 15 grand (give or a take a few) as I do not want to be accused of fraud. But I haven't heard a thing from the Trustee asking for the money back from these creditors? Even though all I've ever used my Credit Cards were for gambling, I dont see how I could be accused of fraud since I've upheld both my Full Time Jobs and have made every effort to keep up at least the minimums.

                  I LOVE THIS FORUM !

                  Catchmeifyoucan
                  July 2006: Filed Ch13 :blink:
                  Oct 2006: Converted to Ch7 :clapping:
                  Jan 2007: DISCHARGED :clapping:
                  Nov 2007: CLOSED :yahoo::yahoo::yahoo:

                  Comment


                    #10
                    hello

                    large cash advances will kill you possible

                    i had a objection on the last day of my objections for a 11,000 cash advance i took out. we have a court date, but working on a settlement before we have to go to court. the cash advance was 110 days from the date we filed

                    if you did not buy anything large within 4-5 months of fileing, you should be fine

                    i bought a cancorder from sears and asseceries for 1200.00 on a 12 month payment plan, and 2 months later filed chapter 7. never made 1 payment. they never came to the 341, objected or anything, go figure

                    i had 165,000.00 in credit debt, and the only objection was for the 11,000 cash advance

                    dan
                    Last edited by danohio2831; 09-21-2006, 07:41 AM.

                    Comment


                      #11
                      danohio2831

                      Hello back

                      I never bought anything (not really) using my credit cards, just used them for cash advances, but I've always kept up with the monthly minimums. Oh sure I'd used them to eat out, etc. One credit card I got cash advances but it doesn't reflect it, it just looks like I did some heavy grocery shopping! Heh heh, because the store owner who let me use my credit card for cash, his receipts reflected the name of the grocery store and the charge as "groceries," (hmmm, am I scheming here? FORGIVE ME)

                      Catchmeifyoucan
                      July 2006: Filed Ch13 :blink:
                      Oct 2006: Converted to Ch7 :clapping:
                      Jan 2007: DISCHARGED :clapping:
                      Nov 2007: CLOSED :yahoo::yahoo::yahoo:

                      Comment


                        #12
                        So, you have $1000 worth of groceries each month? LOL
                        *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

                        My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

                        Comment


                          #13
                          Yup

                          Parties can be expensive !
                          July 2006: Filed Ch13 :blink:
                          Oct 2006: Converted to Ch7 :clapping:
                          Jan 2007: DISCHARGED :clapping:
                          Nov 2007: CLOSED :yahoo::yahoo::yahoo:

                          Comment

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