One week before 341 now this?? wth help!

[2manybills]

Was your credit union card that you kept at a -0- balance? Thanks!

Yes it was. We got it about 2 months before we filed and never touched it until after discharged. It was only for 1 year, but then this last May, they send me new cards for 3. We only use it for gas and that type of stuff and when I charge, I pay for it, as if I am using an ATM card.

[outoffunds]

ok 2 hours to go. I just wanted to check in and thank everyone for all the hand holding they have given me. I truly appreciate it. I will let all know how it goes and what I am doing with the awful advice about the credit card we used. I would not have been as strong and prepared if it was not for the people in this forum. Thank you so very much.

[2manybills]

ok 2 hours to go. I just wanted to check in and thank everyone for all the hand holding they have given me. I truly appreciate it. I will let all know how it goes and what I am doing with the awful advice about the credit card we used. I would not have been as strong and prepared if it was not for the people in this forum. Thank you so very much.

Good luck!

[notforsale]

Good Luck!!!!!!!

[BankruptinNJ]

Outoffunds, how did everything go??? That lawyer does sound incompetent.

[outoffunds]

Hi everyone,

well it went really very well. We were early and took the advice and listened to cases before us. When my lawyer showed up she mainly went over some general questions and then concerning the credit card wanted to know what we had decided so we simply said we have no decided anything yet. She still did not advise calling them and just sending the check to the mailing address. She said if we call them they will start harrassing us? I am so gunshy at this point I am not sure I believe her and I am wondering if I should call the number and work out something. I asked what if I do not do anything she said then we will end up back here. (court) she said to just let her know because she wants to know if she will be receiving any *nasty letters* I was a bit nervous that the creditor would show up at the hearing as was she. She kept looking behind us. So I was thinking hmm nervous??


Anyway the questions were simple, just verified where we worked, regarding flood damage and if what we listed is all we owned and we were done. Now if I could just sort this out and wait 60 days no problem.

I believe I am going to consult with my brothers lawyer on the credit card matter. I am really not sure what to do. I think because they are disputing the discharge I am a bit freaked but you all know that situation.

Thanks for everything guys!

[justbroke]

They would only be disputing the discharge of that specific debt. They may feel that it's not worth pursuing. You may be surprised that nothing actually happens and your discharge comes without any fanfare!

[2manybills]

They would only be disputing the discharge of that specific debt. They may feel that it's not worth pursuing. You may be surprised that nothing actually happens and your discharge comes without any fanfare!

I agree. As I said in an early post, it costs them a lot of money to pursue an adversary proceeding and then they have to prove "intent". If it were over $10 or $20K, maybe, but $3K, I bet not a peep.

I'm glad your 341 was uneventful.

[wonderingrov]

Glad it went well. As others have posted, the credit card company will have to file an AP if they want to pursue that money - and you may very well not hear a peep out of them.

As far as the attorney getting 'nasty letters' - let her worry about that. She should have known better. She screwed up by taking the credit card for her fees - that is on her.

[outoffunds]

thanks guys. It is not just her charges on it though there was a balance as well. I am just afraid that she will end up coming after me if I do nothing. So since it is filed even though I did not file it if they do not proceed with any more threats of action will it just be finished if everything gets discharged in 60 days?

Thanks for all your patience once again

[justbroke]

If you receive your discharge before they start any complaint, then it will be discharged. The only way they can ask the court to not discharge it after that, would have to be for actual fraud.

[outoffunds]

just an update..I spoke to my lawyer who said she has not heard a thing from them so asked you are making payments right? I said No, I am not. She said that is what you told me, I replied Nope never said that. She said well, if I need legal advice on the matter to ask another lawyer and if she gets in trouble she won't be able to accept credit cards at her business any longer.

I just went on pacer for the first time and noticed not a thing is disputed and I have 50 days to go.. I am already learning to live without credit cards and it really helps the want vs need thing I learned on here. Every time I go to the store for food I do the same thing..do I want this or NEED it. Such great lessons I continue to learn.

I am just going to keep going forward and hope nothing comes of the other credit card.

Thank you again

[SMinGA]

If she gets in trouble she won't accept credit cards for payment any longer? HELLO is anyone home in your attorney's office? She still does not seem to get it, that taking credit card payments when your client is about to file bankruptcy is a problem. Its not that an attorney (in general) taking credit cards for any service is a problem, but knowingly encouraging your client to charge something that is never to be paid back - that is the problem.

Is there anyone over her in this office? If so, perhaps you could write up a summary of events and slip it to them. They need to know what she is doing.

She said well, if I need legal advice on the matter to ask another lawyer and if she gets in trouble she won't be able to accept credit cards at her business any longer.

[wonderingrov]

If she gets in trouble she won't accept credit cards for payment any longer? HELLO is anyone home in your attorney's office? She still does not seem to get it, that taking credit card payments when your client is about to file bankruptcy is a problem. Its not that an attorney (in general) taking credit cards for any service is a problem, but knowingly encouraging your client to charge something that is never to be paid back - that is the problem.

Is there anyone over her in this office? If so, perhaps you could write up a summary of events and slip it to them. They need to know what she is doing.

Agreed. EVERY lawyer I met with to discuss my case told me that since I was serious enough to talk to a lawyer about bankruptcy, to make sure I didn't use the cards any longer. Two of them actually had statements on the home page of their websites stating that they could not accept credit cards for bankruptcy cases from the debtor - because that would constitute fraud.

For a lawyer to encourage credit card use right before filing by accepting a credit card for payment of bankruptcy to me is the epitome of unethical behavior. To cop the kind of attitude she is using with her client when she knew what she was doing was unethical is unbelievable.

[bigtim6656]

sounds like your lawyer wanting paid be it from a card you would get in trouble for using. THAT IS A CRAPPY LAWYER