objections filed after discharge...

[howtoplan]

What is the likelyhood that the court will revoke our discharge and reopen the case after the discharge has been mailed? The creditors missed the deadline by a couple days to lift the stay.

[music12]

lifting a stay has nothing to do with the discharge. if the case is closed, i think the stay is over anyway for foreclosure/repo. if they want to object to the discharge, then they are out of luck.

[DebtEnder]

After your discharge there is no stay. As such there is no need for a lift of stay. However you are discharged so they can't demand you pay them, however if they have a perfected lien, like on a car note, they are now allowed to exercise their rights per the security note. Ie repo the car.

I have heard many bank loans on houses getting lift of stay motions after discharge, but before closing, just to cover their rear. but it's not required. Discharge replaces the automatic stay.

[ForumReader]

What about complaints by creditors during the BK process? I filed for CH 7 and had two complaints in automatic stay. I am worried this creditor (for the 2 complaints) will file to lift the stay during the BK process. Anybody experience this kind of situation before? My lawyer said I qualified for CH 7 for the means and median tests, way below.

[DebtEnder]

FR lift the stay for what? The only real reason a creditor might ask for a lift of stay is so they can foreclose or repo collateral secured by a car house or other real property.

If your talking about just a nasty creditor that wants to keep harassing you then all they can do is files an adversarial pursuit stating their claims why they think your debt to them can't be removed. An ap is a rather expensive bit of litigation and if they lose they have to pay all fees, even your own. Very few creditors files an AP unless it's a cut and dried bit of fraud as you got this loan 6 moths or less before you filed and didn't pay a penny back. In most people cases it's nothing to spend your days worrying about. I had to use my charge card the morning before I filed so I could get gas to GET to the lawyers office. Nothing happened about it.

It's a cost vs reward thing, small balances or old debts are either not worth the reward or not worth the risk.

When you say complaints what do you mean exactly? Did they file something or just contacting you?

[ForumReader]

Thanks, Debtender. These two complaints were from BoA and FIA Services (I heard they were under the same creditor?) and basically these complaints were sent to the local court in my area saying I owe them money and last payments were in Oct of 2008. My attorney's assistant called the Boa/FIA's law firm (Glasser and Glasser) and they said a possible Oct hearing would have taken place for the complaints. These were unsecured credit debt, nothing related to house (I am renting) or cars of that nature. But because I have filed for BK, these complaints have been put on automatic stay so I was just wondering what this creditor would possibly do during my BK process regarding these 2 complaints they filed through to my local court.

[DebtEnder]

If your last payment was oct of 08 then then no new debt has been made since then I assume. In such case debt is probably over a year old and you had made payments. To answer your question what can they do, lots of things. What can the do that will make any difference to you? Nothing. Sure they COULD file an AP, they be dumb too. If your case is an asset case they could file a claim to recover so assets of the BK estate but this does not effect you anymore then if they didn't file a claim. That's all handled by the BK trustee.

Forget them, they are done and gone.

[howtoplan]

they filed a motion to lift the stay

There was a lawsuit against us before we filed. It got stayed due to our BK. The motion is dated early Aug but it wasn't filed until after our discharge. The creditors simply hate us and want to try to continue their lawsuit now. I'm assuming they intended to file an AP but the filing came after our discharge. Does this make sense?

[ForumReader]

Okay, Debtender, thanks! Forgetting them now as done and gone.

[howtoplan]

oh i forgot, they are not a secured creditor

They are claiming fraud and breach of fidicary duties for a jointly owned failed business. We were also countersuing them on similiar issues.

[DebtEnder]

Howtoplan they are pursuing a civil case against you? How long ago did the business fail?

If they filed the case after they were notified of the BK then you got them easy. Just because they think they are fully in their right if they want to continue civil action against you they must file an AP in BK court. In essence the civil lawsuit must occur in federal court under BK law in which case it's not being judged on whether you owe the debt but if committed fraud or in some other way the debt can't be discharged.

They can't just get a lift of stay to keep suing you. An AP is what they must do and it's not something the average ambulance chaser/sue anyone you met lawyer is going to be able to deal with

[howtoplan]

yes, it is a civil case

Both lawsuits ours/theirs were filed in late 2006. We filed BK before it went to trial in May 2009 because its a no win case for anyone involved. If we prevailed we would have still have been forced to file due to the amount of debt a secured creditor had against both parties. The other party is mentally ill (please don't flame me, it's true) and simply likes to harass us. They should be worrying about preserving their own assets. Instead they are trying to complicate our case. We got our discharge but they filed their objection after the 60 day window. Will the BK court consider opening the case again based on their allegations and untimely filing?

[DebtEnder]

From a non-criminal debt from 2006? HIGHLY unlikely.

[shabam]

The only way I know of that they can open it up is due to fraud or some sort of BK offense, which the UST would usually pursue. They have up to a year after closing to chase those up.