claim by creditor

[hughewil]

My 341 was monday and everything went quick. Trustee asked some questions, we answered and were doen in 5 minutes.

However my attorney informed me discover had sent in a claim because we had charged $1600 in august of last year. We did use the card for emergency dental surgery (my wife had a tooth break in half) but we paid a couple of times on it before we stopped paying all the bills and we didn't file until jan 26.

Our attornay said we should just let it go for now that he doesn't think they will pursue it any further.

Anyone have any ideas on this? It was more than 90 days before filing and we made some payments on the card after using it, and it wasn't a luxury item

[Brasky]

What do you mean by 'sent in a claim?' That your attorney added this creditor to the list of creditors?

[hughewil]

The credit card was listed as a creditor. They sent a letter to my attorney saying we charged tis amount on this date and wanted a settlement.

I guess it was a threat to take it to court if we didn't pay saying it shouldn't be discharged.

I didn't get a copy of the letter, My attorney said to just wait it out that he didn't think they would force the issue for the amount listed.

[Brasky]

Ah, I understand now. Other than attempting to prove you took on the debt without any intention to pay it back or acquired the card through fraud I can't think of a basis for which the debt would be considered non-dischargeable.

[frogger]

Sabre rattling on the part of Discover. Don't worry about it unless they file an AP. The words "pound sand" come to mind....

[hughewil]

Yes our attorney didn't think it was very likely they would try to take it to court to show it as non dischargable becuase we paid on it a couple of times and didn't charge on it after we stopped paying., and the charge was more than 90 days from when we filed.

I was wondering if anyone else had any experiance with discover in this kind of situation.