Do lawsuits or judgements increase the risk of a creditor objecting during BK?

[aimhighlow]

I plan on filing for Ch 7 BK in 6+ months and consulted with an attorney who says that my creditors might object to my debts.

I am expecting lawsuits, so would having a judgment (or pending lawsuit) against me increase the risk of that creditor objecting?

Are there any motions/actions on my part that would increase risk that I should avoid doing?

I have also been ignoring creditors, so would that also increase risk of them objecting?


Thank you

[chicagoannie]

Probably everyone here has had pending lawsuits or judgments against them. That's why we filed!

Your attorney's comments sound kind of strange to me. Unless there is some kind of fraud involved, I have not heard that creditors always win. Most don't object or even show up for 341 meetings.

As far as increasing your risk that creditors will object to your bankruptcy filing, stop using your credit cards and put at least 90 days between your last use of them and your filing date. And don't make any large or "luxury" purchases within 12 months before filing.

[aimhighlow]

Probably everyone here has had pending lawsuits or judgments against them. That's why we filed!

Your attorney's comments sound kind of strange to me. Unless there is some kind of fraud involved, I have not heard that creditors always win. Most don't object or even show up for 341 meetings.

As far as increasing your risk that creditors will object to your bankruptcy filing, stop using your credit cards and put at least 90 days between your last use of them and your filing date. And don't make any large or "luxury" purchases within 12 months before filing.

Thank you Annie,

Yes I have completely stopped using all my cards and will wait to file.

So basically I can answer, and file any motion, to try and delay the lawsuit as long as possible... without having to worry about it making the creditor mad? or increasing the risk of an objection?

[keepmine]

Being mad isn't a sufficent reason to object to a debt being excluded from bk.
If they sue you, you have a right to defend the lawsuit. That's just business. Nothing anyone will take personally.
You won't be the first person who got sued and raised all manner of objections and defenses and then filed bk.

[BKParalegal]

An attorney will tell you that a creditor might object would be based on factors like large and continuos cash advances, large purchases without any or very little atttempt to make payments, usage of cards to pay non-dischargeable debts like taxes, and using them for gambling.

If any or all of the apply, then that is why, not because you hurt their feelings.

Good luck