received discharge papers have a question!

[tried_to_hard]

OK, I got the discharge of debtor papers today, does this mean it is closed? the reason I asked I had one creditor object and have a date to hear the objection in January. by receiving this does it mean that the judge went ahead and closed the case, i am just confused to what happens next?????

[DivorceRuinedMe]

I don't know the answer to your question but I am curious as to what Chase objected to. They are the creditor that filed suit against me so whenever anyone posts anything about them, I feel the need to know everything that's going on....Call it some wierd obsession. LOL.

[HHM]

Nope, your case is not closed and the objection hearing is still going to happen.

Read this thread http://www.bkforum.com/showthread.php?t=18542.

Keep in mind, when a creditor objects, they are objecting to the discharge of their debt...doing so does not upset the rest of your BK. Thus, you still receive your discharge, etc, but your case will not close until the adversarial proceeding is resolved.

[tried_to_hard]

HHM thanks, kind of thought that but was hoping for the judge to see it my way and telling Chase to stick it wear the sun don't shine!!!

Divorce, Chase objected due to activity prior to and after my filing! I did not use this card but it was their charges for late fees and interest! and they say it is fraud. I had not used that card in over 9 months prior to filing. They suck! don't think it will be a big deal but it is just one of those things that is delaying it and I am getting very impatient! Good luck with yours!

[BassBoy]

Just an assumption, but I do not believe any creditor would get an objection granted for debt applied to a CC for late fees and interest, let alone late fees and interest that were added after you filed.

[HHM]

Just an assumption, but I do not believe any creditor would get an objection granted for debt applied to a CC for late fees and interest, let alone late fees and interest that were added after you filed.

Good point. If you can bring with you statements to the hearing to demonstrate non-use (and of course, assuming the original charge is not somehow objectionable), I agree that allowing late fees and penalties to accumulate cannot be considered fraud in the strictest sense.

[tried_to_hard]

attorney and myself both agree with that, it is also strange that they waited until like 3 days before the last day of objections to file this. my attorney is responding back to them, also have a very debtor freindly judge so my attorney things if this moves forward, might have a chance to recoupe some of the fees. my attorney said this is not the first time Chase has done this, he thinks that Chase knows that it is tought for people to pay attorney fees to fight and they feel like folks will consede and payup!

[Runnin on empty]

Chase is just trying to be *ahem* adversarial (can't say what I really think). Based on what you've typed here, I don't think they have a leg to stand on, and you'll be all set once the hearing takes place.

I wouldn't worry about it. Let the healing process begin!

[FreshLikeADaisy]

In a situation like this, what if one does NOT have statements? Is it possible to force the creditor to provide an itemized listing of activity as a part of the adversarial action? Once you're in it, I doubt you can just call them up and request reprints! The legal status on the account alone would probably stop that on their end, and freeze any activity or maintenance.

This kind of thing scares the hell out of me, because I had no idea I would be filing bk and therefore didn't keep any CC statements. But it seems like if there's an adversarial action, a pro se filer would have the same rights and respobsibilities as any other legal dispute, such as discovery and the right to send interrogatories, etc.

Anybody have any knowledge about this?

[BKcrazy]

Oh this is making me wonder a lot now.

I'm leaving AZ after my 341. I don't want to have to come back here for a stinking hearing.

[monkatom]

Freshlikeadaisy does you're CC company have bills online? I did not have copies of my statemnets either so i went online and printed the last years worth and now keep a copy of all new statements in preperation for filling. This might help.

[HHM]

Typically, the CC card company would introduce statements as evidence. And your attorney can request the statements as part of discovery.

[FreshLikeADaisy]

Freshlikeadaisy does you're CC company have bills online? I did not have copies of my statemnets either so i went online and printed the last years worth and now keep a copy of all new statements in preperation for filling. This might help.

Hrm, they might, but I haven't actually paid them a dime since January and I have this irrational fear that if I sign up for online statements, or contact them in any way, my PC will blow up and the cops will show up at my door. I know that's crazy, but their collection goons are AWFUL, to the point that when I lost my house in foreclosure I never even put in a change of address. They don't know where I am, and I don't want to give them an IP address to tell them where to look...

*shudder*

Yeah, if it weren't for my paranoia that would actually be a great suggestion. Maybe after I file I'll work up the courage, because at least then I'll be under the automatic stay, and they'll have my address anyway from the filing.

[FreshLikeADaisy]

Typically, the CC card company would introduce statements as evidence. And your attorney can request the statements as part of discovery.

Oh, good! My attorney is me (I have no money for a second fool) and though I'm no lawyer, I think I could manage the paperwork for such a request. I think that's a subpoena duces tecum (?) when you want someone to show up with records? Oh well. If I have to, I'll figure it out -- I just wanted to make sure I have that option, that the procedure is a "regular" process between plaintiff and defendant, and not something specific to bk court. These people are all so damned dishonest; I would hate to have to show up with nothing but my ___ in my hand (to quote The Godfather ). Thanks for your help!!!

[PaKettle]

Chase objected due to activity prior to and after my filing! I did not use this card but it was their charges for late fees and interest! and they say it is fraud. I had not used that card in over 9 months prior to filing.

I don 't see how this is possible. How can Chase even pretend to object when the card has not been used for 9 months??
This just seems like outright fraud on THEIR part, just messing with the debtor...No?