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    #16
    Troll=Sh#t-Stirrer

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      #17
      OK, I received the letter from my attorney with the attached letter from AmEx. It's from an attorney's office representing AmEx saying they are considering filing an AP since my schedules say I'm able to file for Chpt 7 so how could I have used my AmEx card...whatever. Anywho, they are basically asking for more info from me on why some charges were made, my financial condition at the time, how I intended to repay the debt, and any extenuating circumstances - so I can help THEM make a decision on whether to file and AP or not. My attorney and I are meeting next week to draft our response - he seems to think we can nip this in the bud.
      Filed C7: 03/09/09
      341: 04/30/09
      Discharged 6/30/09!!!

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        #18
        Originally posted by CCCrazy View Post
        My attorney and I are meeting next week to draft our response - he seems to think we can nip this in the bud.
        I like your attorney. My knee jerk (reaction) would have been to no, and they can subpoena me or file that complaint (AP).

        However, your lawyer is a cool cat, as they say... and will draft a really good letter telling them to go fly a kite.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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          #19
          Well sounds like your lawyer is on top of it and I'm pretty sure you'll work things out.
          May 31st, 2007: Petition Filed by my lawyer
          July 2nd, 2007: 341 Meeting Held
          September 4th, 2007: Discharged and Closed.

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            #20
            Thanks for all of the support guys, I will definitely keep you all up to date as things transpire.
            Filed C7: 03/09/09
            341: 04/30/09
            Discharged 6/30/09!!!

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              #21
              One of the gotcha's about AP's in BK, as I understand it anyway, is that the court takes a very dim view of frivolous AP's and can and will force them to cover your added legal costs if they do not prevail. Probably explains why they are not more common.
              filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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