Who has actually had CC challenge them in BK?

[Goodgrief]

I have bb stuff too

[Brighterdays]

I specifically asked my lawyer about my tv I bought from BB, She said she always gets a letter similiar to yours, asking if her clients want to reafirm or return the stuff. She said she has never responded to them and they have "never" done anything further. So call their bluff. worse case scenerio they object(which is highly unlikely).

[MichiganMan]

Taht is the plan

I specifically asked my lawyer about my tv I bought from BB, She said she always gets a letter similiar to yours, asking if her clients want to reafirm or return the stuff. She said she has never responded to them and they have "never" done anything further. So call their bluff. worse case scenerio they object(which is highly unlikely).

If they want it they need to file with the Bancruptcy Court Clerk, not send you a letter. It is a tactic they use to get you to settle, reafirm or etc. Personally I think it is violating the stay and they are using loopholes to harass me.

Have not used the card in almost a year! No abuse! No fraud!

It is not working. If they follow the correct process I will give them what I have left that was not gifts if ordered by the judge.

[Brighterdays]

I pretty much agree with Michiganman, except I was told by my attorney to ignore it. Don't make any contact with them. I trust her as she has dealt with them on numerous occasions.

[mamaof2]

How about Nordstrom Visa? I asked about this on another thread, but had no responses to it...and i owe 12,000.00 on this one..are they difficult (do they like to object)

[StartingOver08]

I had Nordstroms Visa - no objections. They were nice guys even.

[justbroke]

If it's a VISA, then it doesn't have that pesky "you grant us a purchase money security interest" (PMSI) clause that department store cards have! That's why VISA, Mastercard, American Express, Discover, Diner's Club, Carte Blanche, JCB, etc... can't ask for the stuff back.

The reason why department store cards are so generous in issuing them... is that pesky "PMSI".

BTW, I can't believe I missed this thread. It's fantastic! I saved off the Judges order in the Citibank case. Classic! Sounded like eCast Settlement for a minute.

[blankslate]

That order is hilarious! I've been there in a deposition with my subpoenaed bank records with an.. ahem... adult purchase circled along with others from a liquor store (it was the most convenient place to get milk on the way home) highlighted. It was a real estate case and had nothing to do with any of it except to freak me out that they could find intimate information on me. I was flushed with embarrassment at the time but now wish I could go back to that day and say "Yup. Sounds like a fun Friday night at my place doesn't it? Wanna join me some time?"

[mamaof2]

How about citibank mastercard...my husband and i each have one, are they likely to object? mine was used over 90 days ago, his, we would make a payment, and have to use it right away for food and such, so that was used appreox 30 days ago.

[Brighterdays]

Blankslate, so u actually had a CC company object? Wow, if so that is the first I have seen. sorry about your luck. was there any extenuating(sp) circumstances as to why they objected?


Mamaof2:, Unless your charge was extremely high your chances are slim to none. Objections are extremely rare. It just isn't worth it to the CC company to pursue as the lawyers work on commision.

[BkinTX]

We have some fairly recent CC charges but the lawyer didn't say it would be a problem...we'll see.

We were doing like mamaof2, paying the cc bills but having to use credit to take care of necessities. We have only missed 1 pay period (bi-weekly pay) of cc bills, so hopefully that shows good faith.

[Brighterdays]

I am sure every district has its own way of doing things, but when I heard 1 guy on here charged up 6k 1 month before filing, and he discharged without a hiccup, i figure objections are few and far between.

Here is my take on this subject:

If you charge something, the worst that will happen is the CC company will object to that single charge and not all the charges. You may be required to pay it back, but no jail time or anything else. You can fight it , negotiate it lower, or agree to pay it.

I did a balance transfer of 3k from my discover to pay down some of my student loan. As I said earlier, the worst case is, I have to pay it. Most likely if I file ch7 it is gone and never to be seen again. Of course it will be 4-6 months before i file, if I file. Even if you do it within the 90 days, chances are you will not have to pay for it. The trustee doesn't look at that stuff, that is the cc companies job.

Now I am not condoning fraud. I am just telling you what the worst that is going to happen. If you can live with the worst case scenerio, then everything else is just a bonus.

[StartingOver08]

Actually the worst is if the Trustee DISMISSES your case - but I too think that is fairly rare.

[Brighterdays]

Actually the worst is if the Trustee DISMISSES your case - but I too think that is fairly rare.

true, but I wasn't thinkng about being that deviant. I imagine some will take that the wrong way and go out and max every card with a cash advance and then bk one month later.

I guess I should have prefaced that if you aren't trying to blatently screw the system, you can get away with a small charge hear and there. Best word of advice, greed kills. Don't screw up a good thing for a few bucks. Just get it over with and move on.

[jojo]

Another interpretation might be that the Debtor became aware of the friendly and generous
28.665% interest rate charged by Citibank and needed a couple of drinks to steady his nerves.


Holy crap, I am laughing my butt off right now.