who has had a credit card bank fight a discharge and won? why?

[tobee43]

Hi Babybear - The timeframe varies from bank to bank, and probably state to state, too. I quit paying my credit cards and LOC, all with the big boys, Citi, Chase, and Bank of America in May, 2010, and didn't have money to file until October 2010. Chase called incessantly after the 1st two months I missed payments, BOA sent me a couple of emails, but the only one who ever sent me to collection was Citi, and I received that notice one day after I filed, but they didn't bother me after that letter because at that point, the Automatic Stay was in effect. Do you care to ellaborate on what you're worried about, in particular?

that's really an interesting point about what your saying about varying from state to state....the new laws of 2005 added that 90 day fraud clause...and while i know we filed in florida they stuck to that 90 day ruling like glue.....whereas, i knew someone in nj that had to wait it out for almost a year...as per her atty...however, i may not have the entire story.

babybear....if you have judgments that are now liens against your house and you are retaining it....after you bk discharge you can file the order to vacate the judgments and have the liens removed. normally it cost of course more money and many do the motions themselves...i would not suggest that....

we did it...rec'd the signed by the judge order to vacate those liens and they are gone....forever and ever...

[Babybear]

Thanks Tom,
Now I am really depressed. The federal guidelines suck. I Cant do that. I cant get a lien on the house either. If she moved here in Dec of 2009 than we can file this December? Or I have to wait another 6 months? Is it going to cost a fortune to fend off these lawsuits? What do you suggest with say amex who we owe 11k and last used in july -aug. of last yr. and have been making payments of 250 a mth ever since. But cant afford to keep doing so. How about Barclays bank which we owe 8500. Used til Dec and again paid 250 a mth from June til now. Macys which I put 12000 on from may til dec of 2010 and paid 200-500 a mth til now. I can afford to pay 600 a mth that they want now. These are the biggest bills. But still there is care credit, Charges from sept 2010 til Jan 2011 for over 9000. Minimum of 350 a month . Again we cant aford this much longer. Now my mother needs caterac surgery and it will cost 5k cash which we dont have. I have a cement floor and no kitchen counter since Home depot cut my credit from 11k to 4k at the last minute when I was in the middle of remodeling. That 4k is used up already. I just cant afford to keep paying. I know I went crazy with these cards for the past year but now will I have to pay the price and get sued and end up paying most of it back anyway or will I get to the bk stage and be able to wipe this all away? I am worried.

[brandv1]

the only one who ever sent me to collection was Citi

Citi is the main reason we're doing Chp 13. I tried working with them, and with the collection company they retained. I even used one of those Credit couseling/settlement companies (worst mistake ever). Citi turned down 12 payment plan offers, including one that they had counter-offered with previously. So they went ahead with garnishment. It started on payroll ending 2 days from now, but we filed back on the 23rd.

[LadyInTheRed]

Welcome to BK forum, brandv1!

Please look at the dates of threads before posting and do not revive old threads unless there is a very good reason to do so.

Please review the forum rules at http://www.bkforum.com/announcement.php?f=3.

Feel free to start a new thread to tell us your story or jump into current threads. Many come here asking about credit counseling/settlement companies as a way to avoid bankruptcy. Your experience can help others. And hopefully others can help you as you go through your BK.

[bcohen]

I know this is an old thread, but it's not too old, and this is an important topic. Credit card companies can object to having their debt discharged if there is a presumption of fraud. I am not aware of any situation where a medical creditor could object to discharge (and win). If you become sick or injured, and incur medical debt--even if you lack the means to pay, the provider cannot object to discharge in the same way that a consumer creditor could. It is assumed that you have the right to protect your health, even if you are insolvent at the time.