Help. Question about adversary proceeding

[aa06a47]

You can defend yourself in the adversarial, but I would advise against it. Be prepared to answer how you intended to pay this money back. Perhaps you had a part time job back then and intended to pay it back. You need something that the judge can put his arm around that shows you had all intention to pay it back. A sudden change in income is a good defense.

The creditor has to prove that you took the cash without the intent to pay it back. This is hard to prove if you can show a "change" in income / job status / ect occured after you got the money.

[CATCHMEIFYOUCAN]

Cash Advances

What chase would file is what is called an "Objection to Discharge" Which means, that, Chase is asking the court, under section 523 of the BK code, to issue order saying the money your fiance owes to Chase is not discharged and she will be required to pay it back after the BK is discharged. (note, her BK will still receive discharge, but if Chase wins, you must still pay them back). If Chase files the objection with the court (assuming you can't settle), there will be a hearing, your fiance will probably testify, (and perhaps you too), and be cross examined by Chase's attorney. quote from HHM

Im just curious, since I've already been discharged, the creditor can come back and file an adversary saying this person should not be discharged etc etc.

There was a lot to read on this post/thread so sorry if this question seems repetitive.

Catchmeifyoucan

By the way I had a CHASE card but my withdrawals looked like large grocery bills! This small mini-market would allow me to take money off my credit card and the charge would come up as a grocery bill total, so I guess I tricked that CC into thinking I was a heavy grocery shopper (guess its humourous).

[HHM]

Objections by creditors have to be filed before a discharge is granted. (unless the creditor asks for an extension, but the request of extension has to be filed before discharge). Thus, if you have already received your discharge, you need not worry about creditor objections.

[Hopeless]

Well, now I have NO doubt Chase will be RUNNING to my 341 hearing, whenever and wherever it is! My debt to them alone is over 40k :-o Certainly will be worth their while, it seems, to at least try. Obviously they have fought hard for far less amounts than mine. I don't have anything to give 'em, and the cards haven't been used in over a year, but I don't think that'll stop them from trying their damned best! Just one more reason to live in TERROR...

[HHM]

Well, now I have NO doubt Chase will be RUNNING to my 341 hearing, whenever and wherever it is! My debt to them alone is over 40k :-o Certainly will be worth their while, it seems, to at least try. Obviously they have fought hard for far less amounts than mine. I don't have anything to give 'em, and the cards haven't been used in over a year, but I don't think that'll stop them from trying their damned best! Just one more reason to live in TERROR...

Only if you incurred that $40,000K or some substantial portion of it over the 6 months before you filed BK.