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Creditor filing a lawsuit against you

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    #16
    If you when applying for the credit card lied on the application about income level, or perhaps whether you owned your home or not, then they would have a case because you committed fraud. However if you filled out your application fully honestly at the time then there is no way to object on the grounds of the application.

    Objections based on this are rare. If your debt is very old also they probably don't even have the original application anymore.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

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      #17
      so you guys think if there were any credit card activity within 3 months of filing, they'll be a problem?
      NotFun
      Filed: 10/31/2007
      341: 12/05/2007
      Last day for objections: 02/05/2008

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        #18
        Originally posted by NotFun View Post
        so you guys think if there were any credit card activity within 3 months of filing, they'll be a problem?
        The current bk law states that debtors will be required to pay all charges made to credit cards for “luxury goods” ($500 or more) that were made within 90 days prior to filing bankruptcy.

        The rub comes in how your creditors will define "luxury goods".

        That's why it's best to stop all charges within 90 days of filing. Why take the chance?

        Frankly unless your wages are being garnished, if you can't live on what you make for 90 days without your credit cards, then filing bankruptcy isn't going to help you much. If you find yourself not able to make it without using your cards, then you have only two choices - cut expenses or make more money.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

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          #19
          ha-ha... very true.

          See it's not so much my credit cards, it's more like my mortgages. Those f'ers are a killer.

          But I get what your saying, so I really need to look to make sure no big ticket items where purchased.
          NotFun
          Filed: 10/31/2007
          341: 12/05/2007
          Last day for objections: 02/05/2008

          Comment

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