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Anyone had objections filed?

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    Anyone had objections filed?

    Hi. New to the board and curious about objections. Has anyone had an objection filed by creditors? If so, could you explain what the objection was for...who the creditor was....and how you overcame it, (if you did)? I hear objections are not common but haven't read any in detail. Thanks!

    #2
    Although we had no objections with our case, a creditor may object to the dischargability of a debt. One reason for an objection is if the filer incurred debt within "X" # of days before filing. This falls under the Presumption of Abuse. But what you've read is right, objections are quite rare.

    Read the following thread. It has some information about what debts may not be discharged with respect to abuse or fraud. Please note that some fo the dates are incorrect due to changes in the law, but you'll get the idea as to what and why. http://www.bkforum.com/showthread.php?t=65
    Last edited by BassBoy; 09-20-2007, 04:12 AM.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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      #3
      We did not get any objections. However we did have creditors who threatened to object.

      This is the timeline for us.

      Discover
      8-06 did balance transfer for lower interest rate for approximately $2500
      10-06 Realized we needed to file bankruptcy and filed
      12-06 At the 341 meeting our lawyer told us he had gotten a letter from Discover threatening to object and asking us to reafirm. Our lawyer told us he doubted the Discover would object for that small an amount and asked what we wanted to do. We choose to ignore the letter.
      Never heard from Discover again.

      Well Fargo Credit Card
      Had the card attached to our checking as overdraft protectin. Rotinelly went over on our checking. The overdreaft transfered were considered cash advances.
      Early 10-06 discontinued using cc as overdraft protection. Did not pay 10-06 payment.
      Got a letter shortly after 341 saying we had used the card for $1200 in cash advances since July, threatening to object, asked us to reafirm or pay lump sum of $1000.
      12-07 Our lawyer sent back a letter saying cash advances were for living expenses, most of the amount mentioned was outside the 70 day window and that we were not taking their offer.
      Never heard from Wells Fargo Credit Card again.

      So basically what I am saying is that you will know long before an objection is filed with the court that there is something in the works. Sorry I took so many words to say so.
      Last edited by JollyGG; 09-20-2007, 06:26 AM.
      Filed: 10/26/2006
      Discharged: 03/05/2007
      Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

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