Needing Some Advice

[nomore008]

We had our 341, which went at expected.
I seen on Pacer where the trustee/administrator stated we had no assets case.
A cc company sent a letter to the lawyer (before the 341) stating that they are opposing all the charges on the cc from 06/01.
We told the lawyer that we used the cash advances and the card to pay bills and buy food, and there was no extravagant spending. He said he would see what he could do.
However the paralegal called today and stated that I needed to send her a letter stating why we used the card and what we bought. I do not remember exactly what we bought without the statement.
I am really not sure what to say.
Any advice would be helpful.
Thanks.

[ccsjoe]

I think you actually just said it. I don't believe he wants an itemized description of what you purchased with the cash advances, although I can understand why the cc is objecting to discharge. It would be impossible to provide an exact list of what you purchased with the cash advances unless you kept all your receipts, which then could be construed as preparing to file, which would be an opposable action. On your letter state exactly what you did, which according to you was take out cash advances to purchase gas, groceries, pay bills, etc. Be sure to indicate no luxury items or nothing extravagant. Do you happen to recall the cash advance amounts? Do you happen to know how much you charged on each cc overall in the six months prior to filing?

[backtoschool]

How much were the cash advances for? Did close to filing did you take the advances? It looks like from your post the charges were in june. That means the cash advance was probably less than 90 days before filing, and the creditor will win an AP and those charges might become non dischargable. An AP is a separate hearing from your bk hearing.

Can you give us some details on when you made the charges and how much money total you took the advances for? That will help us figure out how likely it is that the creditor will file an ap.

[nomore008]

How much were the cash advances for? Did close to filing did you take the advances? It looks like from your post the charges were in june. That means the cash advance was probably less than 90 days before filing, and the creditor will win an AP and those charges might become non dischargable. An AP is a separate hearing from your bk hearing.

Can you give us some details on when you made the charges and how much money total you took the advances for? That will help us figure out how likely it is that the creditor will file an ap.

The cash advances were made with the check's that come in the envelope. They were made on or about 06/01 and 06/15. Each were $1,500.00. They money was used to pay bills and other necessities. We filed on 09/17. In fact another cc debited my checking account when I asked them to stop and made it go into overdraft, which I was unaware and used the debit card several times after that. I believe ther fees addes up to about 300 to 400 dollars.
I used the one on 06/15 to cover that.

[tcreegan]

Hi nomore088,

The good news is you are outside the "no questions; it is fraud" categories: 70 days - $750 cash advance, 90 days - over $500, or luxury items.

Bad news is using $3K in credit when you were basically insolvent and close to BK gives the creditor a half-way decent case.
What your lawyer needs to make your case:
...no luxury items bought, just basic needs
...did not know at the time you were going to file BK
...made a 'good faith' effort to pay it back
...no deliberate attempt to defraud creditor

Anything you can provide your lawyer along these lines will help...

Hopefully the creditor is contacting your lawyer to try a settlement and won't think the amounts are worth an AP in BK court...

Good luck with this,

Tom in Colo