Objections to Discharge

[Boscoe]

What is anyone's experience with creditor's objections to discharge? Do they normally happen within 30 days of the 341 meeting or can it realistically be anytime prior to the deadline (i.e. 60 days post-341?) I would think that the larger institutions (Bank of America, Citi, Chase, etc.) would raise any objections quickly, where a smaller bank or other creditor may wait until closer to the deadline.

Please post your experiences and what the liklihood of one being raised in the last 30 days as opposed to the first 30.

[Minnymouth]

Very seldom does a creditor file an objection....... there has to be a good reason for them too.. 1. abuse 2. cash advances, etc

Most cc companies just do a write-off on their losses and will only file a claim if assets are available for sale.

[HHM]

CC companies cannot file objections out of blue, they need a reason to...i..e something you did that is objectionable. The most common cause of an objection is if the debtor made a major purchase, cash advance, or balance transfer in 6 months before filing BK. By Major, were talking over $2,000. (although they can object for less, but doing so is generally not worth the time and effort).

Most creditors will first try to contact your attorney or you to see if a deal can be reached on repaying the objectionable amount in whole or in part as that is more cost effective for them then actually filing the objection.

If you have done even a small amount of research into BK or talked to a lawyer and told your lawyer "everything" an objection would not come as a surprise.

[guzzie]

my first 30 gone without a peep....my atty said most would have made contact around 341 time for reaffirmation agreement...no asset case nothing for them to get....will wait patiently until day 61.....best of luck

[Boscoe]

Thanks for the responses, but HHM, the question is "IF a creditor were to object, would they generally do it by the first 30 days after the 341 or not at all?

I understand everything else that you and others have said, but should a creditor object, it would seem unlikely they would wait until the end to do it. Looking for your experiences.....

[HHM]

The point of the response was to really say that your question does not make much sense in the context of how objections "actually" work. I am just trying to clear up some of the implied assumptions behind the question. Creditors have until the day before discharge to file an objection. However, the only time I have seen a creditor wait that long is if the debtor did not agree to a reaffirmation agreement that the creditor offered the debtor at some point.

Generally speaking, if you, or your attorney, hasn't heard from a creditor and if a creditor has not filed a Notice of Appearance within 30 days after the 341 (and honestly, if you have not heard from a creditor before the 341), then it is unlikely an objection is forth coming.

[Boscoe]

You answered my question that time. It made sense to me that if someone was going to object, they would have done so by 30 days after the 341. I just wanted to hear someone with more experience confirm this.

I am at Day 45 after the 341 and nothing. 45 more to go....

Thanks.

[JollyGG]

If someone were going to object they probably would contact your lawyer first. We had a few creditors threaten to object, but never did. These were both amounts under 2,000 and not worth their times.

The way that it worked for us was the creditor sent a letter to our lawyer saying that they thought our debt to them should be non dischargable based on A, B, and C. They asked that we reafirm the debt or settle for X amount. We talked with our lawyer. Once creditor we just completely ignored, the other, our lawyer sent a letter to saying that the debt was dischargable based on D, E, F. We heard from both creditors via our lawyer around the 341.

So basically, HHM, is correct and your lawyer would here something from the creditor in an attempt to come to some sort of agreement before they filed an objection.

[B12]

This has been a major concern of mine. But, if I am understanding this properly, the transfer should not have taken place in the past 6 months before contacting a lawyer?

Also, there is no problem with fraud or filing, just the possibility that it might have to be paid back in a Chap 7?

I always thought the trustee would ask what you did with the money.

[SinkingFast]

I always thought the trustee would ask what you did with the money.

We weren't asked what happened to the money. Most people that post here,........... Their Trustees don't ask that question.

But it does happen.

I have a GF who had her 341 today. It's a messy Divorce and BK. They both filed BK separate. And GF said her Trustee asked that today. Where'd all the money go? What they spent it on? Why didn't GF have any assets to show for all the money?

So it can happen.