Can a collections agency object to a bk?

[j2t]

I've got an aggressive collections agency and their law firm garnishing my wages. So, I'm filing for bk soon. Can the collections agency object to my filing? And would they have any grounds? Collections has had this account since 2006. I believe they bought the debt in '06 from Citibank which has since charged off the debt. Of course, I haven't charged anything on this account in over the past 90 days. My CMI is way below the median and I have no assets.

[AngelinaCatHub]

I've got an aggressive collections agency and their law firm garnishing my wages. So, I'm filing for bk soon. Can the collections agency object to my filing? And would they have any grounds? Collections has had this account since 2006. I believe they bought the debt in '06 from Citibank which has since charged off the debt. Of course, I haven't charged anything on this account in over the past 90 days. My CMI is way below the median and I have no assets.

Yes, anyone can object. However, it must hold up in the 341 and the Court. Yes the CA owns your debt. They purchased it and it is as if you owed them. Mortgage companies often discount and sell your paper to other Mortgage companies. When we had our house unpaid, we went through three mortgage companies. It is not your choice as long as they do not change the terms of your original agreement. 'Hub

[lrprn]

I've got an aggressive collections agency and their law firm garnishing my wages. So, I'm filing for bk soon. Can the collections agency object to my filing?

For the original creditor or the collection agency that bought your debt to object to your filing, they must have legal grounds to do so.

You mentioned that "I haven't charged anything on this account over the past 90 days." Does that mean you have charged on the account, but just not in the last 90 days? If you have, what did you charge for, how much was the charge(s), and when did you make the charges?

Given what you've shared, I think it would be very hard for the CA to prove that you took money back in 2006 knowing you couldn't pay it back. However, if you made charges on the account over the last year, then it's possible that the CA *might* have grounds that you knew when you made the charges that you couldn't pay them back.

If you are filing with a lawyer, what do he/she have to say?

[j2t]

For the original creditor or the collection agency that bought your debt to object to your filing, they must have legal grounds to do so.

You mentioned that "I haven't charged anything on this account over the past 90 days." Does that mean you have charged on the account, but just not in the last 90 days? If you have, what did you charge for, how much was the charge(s), and when did you make the charges?

Given what you've shared, I think it would be very hard for the CA to prove that you took money back in 2006 knowing you couldn't pay it back. However, if you made charges on the account over the last year, then it's possible that the CA *might* have grounds that you knew when you made the charges that you couldn't pay them back.

If you are filing with a lawyer, what do he/she have to say?

Thanks, all, for the responses. You're all so helpful.

To answer the questions, no, I haven't charged anything in who knows how long. With my layman knowledge, it looks like the original creditor sold and charged off this account back in 05 or 06. I don't remember this card or what I charged on it. Before it was sold/charged off, I'm sure it was delingquent for some time. If I think real hard, I don't think I've charged anything since 2003, for that matter.

I'm consulting with a lawyer on Saturday. I'll discuss this, among other things, with him then. I think I'm in a good position and a good candidate for chapter 7 and will, hopefully, file very soon. I'm looking forward to a fresh start. I wish I would've done this sooner!!