Discharge ability complaint or action against you from creditor(s)

[knguye11]

Has anyone hear or involved in a matter when a creditor files a discharge ability complaint or action against you in you BK case?

My attorney says if this happened, there will be an additional fee for my to pay. Has this happened to anyone? If so, please tell your story.

[AngelinaCatHub]

Yes, it is usually called an Adversary Procedure. I’m not quite sure of the terms you use so excuse me if I’m off base. This is an independent suit resisting that creditors discharge for some reason. The suit is separate but linked to that creditor in your bk. You must tell more of what is going on as at this time, this is the best I can tell you. ‘Hub

[TEW]

No i did not BUT I would have fired my Attorney? if she had told me that. JMHO the Attorney should review all of your creditors and alert you of anything that could be a problem.

[humrc]

would a good attorney preform this review before you paid him 2000? Or do they wait till you pay some sort of retainer?

[knguye11]

I'm reading this from one of the rules on the retainer agreement. And the are charging me $3500 to retained service with him.

But does kind of thing happens that often? Could the creditors file against you on you BK?

[AngelinaCatHub]

would a good attorney preform this review before you paid him 2000? Or do they wait till you pay some sort of retainer?

For the OP; and also the contributor:
Look, you got me on this one. I would find out from your “ALL READY PAID” attorney what the hell they are talking about? I hate to say it, I have two lawyers in my life that I would trust. The others are tantamount to vultures, and are bred below the species. ‘Hub

[AngelinaCat]

As 'Hub indicated, we had an AP filed against us, and our attorney said that it would cost additional fees and that we would have to make a contract for the new service. This we could not afford and went pro se. This is NOT a step we recommend.

If you want to follow the full story, click on my and 'Hub's aliases, go to the 'statistics' tab and go to our very first posts.

It is my sincere hope that this does not happen to you.

[albacore44]

I think what he is asking is it is common for a creditor (credit card) to object to dischargability. I started a thread on that subject, and no one reported that it had happened. As HMM advises, I believe it is rare unless there is some fraud involved and there sure they can prove it.

[HHM]

It is quite common for attorneys to charge extra to defend you in an AP (adversarial proceeding). As an industry, most attorneys simply charge for a "basic" BK. (prepare the petition, give you legal advice about your situation, and attend the 341 meeting). There are attorneys (very few) that will include defending you in an AP as part of the fee agreement, but the tend to charge more. So debtors looking for a "cheap" attorney will go elsewhere and then get screwed when a creditor or UST file an objection.

You really can't assess at the initial consultation if someone is going to be subject to an AP. You can sometines get a "general" idea, but until you get the financial details, an attorney cannot really tell. Thus, that is why many attorneys make AP's an "additional" service.

But, in reality, AP's filed by creditors are rare.

[banca rotta]

To the OP and anyone else wondering if you think an AP will be a potential problem, research the subject and hold off filing as long as possible to avoid the issue to begin with.


read on:

http://www.bkforum.com/showthread.php?t=20081

Much cheaper then paying additional lawyer fees.

[ready2puke]

My attorney told me if the cc's filed suit or objected

would a good attorney preform this review before you paid him 2000? Or do they wait till you pay some sort of retainer?

That there would 2k extra fee per objection. He doesn't fight the objection, he has someone that specializes in that do them. He told me that at my free consultation and told me to start saving my pennies just in case.
The reason he thinks there maybe a problem is I've only paid 3 payments on two large bal. transfers. He is very conservative and wants me to wait and wait and wait
Its already been since June since the transfers and stopped paying the cc's Sept. He says they're only calling you so why not keep waiting and put as much time as possible. I guess I understand but Im soooo tired of waiting. I just want this over with.

[knguye11]

Is safe?

So is it safe to say that BKers should look to hire the cheapest attorney just in case AP does happen to you? So you can save some $$ at the end.

When you think there one less thing to worry, there is another one comes up. If we knew this, I'm sure none of us here would never apply for a cc or invest in real estate market.

[StartingOver08]

Sounds almost like your attorney sub contracts his AP's!

That there would 2k extra fee per objection. He doesn't fight the objection, he has someone that specializes in that do them. He told me that at my free consultation and told me to start saving my pennies just in case.
The reason he thinks there maybe a problem is I've only paid 3 payments on two large bal. transfers. He is very conservative and wants me to wait and wait and wait
Its already been since June since the transfers and stopped paying the cc's Sept. He says they're only calling you so why not keep waiting and put as much time as possible. I guess I understand but Im soooo tired of waiting. I just want this over with.

I understand how you feel. But although it can be frustrating to wait, it is worth it to keep out of the AP situation. Just the additional stress and delay would be worth the wait. Is your attorney taking collections calls from you in the meantime, or have they left that to you too?

[knguye11]

Wait

So, the longer you waint out your debts the CC companies and collectors, the better chance with AP won't happen with your case?

If this is true, should one not paying CC companies, but not long enough for them to pass on to collection agencies?

K-11