341 Today

[nomore008]

Well, we had our 341 meeting today. Everything went as expected with no hitches.

However, we learned yesterday that a cc company is opposing our bk. I took a "cash advance" (wrote one of those checks they give you in the envelope actually) to cover an over draft and fees when a cc company debited my accunt after I had asked to stop. The fees themselves added up to about $300.

I am upset about that. Lawyer said he would work on it. I sure hope it works out. We have no extra money and my hubby was just in the hospital again for 3 days. we'll have to pay that sometime too.

[tcreegan]

Hi nomore008,

"Opposing a BK" is pretty vague. They might be just trying to shake you down for some cash. If they are really going to do something they would file an objection and/or adversary proceeding. You can ask your lawyer if this is the case, or you can check on PACER yourself.

Whether the creditor has a good case or not depends on the time of the advance and the amount. BK code specifically mentions over $750 within 70 days of filing as being non-dischargeable....BUT...courts have ruled that a balance transfer is not the same as a cash advance, the key is whether you increased your debt or just moved it around. Here is where a good lawyer comes in handy....

Good luck with this,

Tom in Colo

[mommi2many]

Congrats on a smooth 341 and good luck with that creditor.