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    #1

    Dismissed

    Both of the creditors who have filed suit against me have filed to dismiss. I guess this BK thing kinda works.

    My lawyer is happy that neither lawsuit made any fraud allegations in the complaints. Hopefully they don't get any new ideas during the BK process

    Yes they can refile if something happens to my filing, but I'd rather have "dismissed" as the status of those lawsuits than "judgment"
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    #2
    Good for you. It's generally not worth their while to bother. Like you mentioned, they may just monitor your BK and make sure it goes through.
    Filed Chapter 7 08/06/09, unsecured debt of $109,000
    341 Meeting 09/09/09
    Discharged 11/12/09
    Closed 12/14/09

    Comment

      #3
      Originally posted by walkthaplank View Post
      My lawyer is happy that neither lawsuit made any fraud allegations in the complaints.
      Just curious but why would he think they might file fraud allegations ??
      Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

      Comment

        #4
        Originally posted by albacore44 View Post
        Just curious but why would he think they might file fraud allegations ??
        Here's why, 'albacore' http://www.bkforum.com/showthread.php?t=44375

        BTW, your Avitar, she's a doll. Mrs. C. is so concerned about you putting temptation in my path. That first one was a real cutie. LOL. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment

          #5
          Originally posted by AngelinaCatHub View Post
          Here's why, 'albacore' http://www.bkforum.com/showthread.php?t=44375

          BTW, your Avitar, she's a doll. Mrs. C. is so concerned about you putting temptation in my path. That first one was a real cutie. LOL. 'Hub
          Yep, I read that thread. I was more curious into why the att. would think they might file fraud charges specific to his case.

          Btw- I have a few more honey's I'm saving for your future pleasure.
          Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

          Comment

            #6
            Originally posted by albacore44 View Post
            Yep, I read that thread. I was more curious into why the att. would think they might file fraud charges specific to his case.

            Btw- I have a few more honey's I'm saving for your future pleasure.
            Fraud never happened, but that doesn't mean they wouldn't try to argue that for the sake of trying to make the debts non-dischargeable. They are kind of locked into what they are saying in their court filing, along the lines of if they thought fraud was involved, why didn't they assert that in the law suit? It just makes it more difficult to assert fraud later in the BK proceedings.

            Mind you I am in a CH13 that if confirmed will pay back about 8% to unsecured creditors.

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