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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 02-18-2007, 10:15 AM
Lamaer2
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Adversary proceeding


What is the name of your state? ca.
One of my creditors has filed an objection to the discharge of the money/cash advance they credited me on a Visa and the court has set up and adversary proceeding. Is there a form I must use to answer their reply or do I just put it in a letter?
Also, is this the law?"over $500 for luxury goods and services within 90 days of filing and pver $750 worth of cash advances within 70 days of filing.", just wanted to be sure/ because this lawyer for chase bank credit card is going at least 30 days beyound both of these.they have offered us 1700. @ 50.00 per month, Its a lot when you dont have it.
Anyway,If I go by the dates there is about 600.00 in what could be considered "luxury" purchases, (Resturaunts & a birthday present),the rest 100-200 is in grocery stores.
There are cash advances of about 350.00 but they are both 75 days before we filed.
They sent some papers for a bdrp? asking for 1700@50 per month, I want to offer them 600.00,(Ill borrow it from a relative),but if they refuse it, is it possible to offer it at the "summons & notice of status confrence" that is on 3/15.?
Our chpt 7 is supposed to be final on 2/22, could I be too late to do this?
Thanks

Last edited by Lamaer2; 02-18-2007 at 04:56 PM.
  #2  
Old 02-19-2007, 08:24 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
The law, as quoted, is correct, unfortunately. It USED to be anything $1100 or more 60 days before filing could be deemed non-dischargable, not any more.

If the dates of the purchases and the cash advances are BEYOND the 90 and 70 day limits, then you need to object to their motions. You can NOT 'just write a letter', your answer to the adversary proceeding MUST be in the proper legal format.

Tell you didn't file a Ch 7 w/o a lawyer ???

The law says:
Quote:
(C)(i) for purposes of subparagraph (A)--
(I) consumer debts owed to a single creditor and
aggregating more than $500 for luxury goods or services
incurred by an individual debtor on or within 90 days
before the order for relief under this title are presumed to
be nondischargeable; and
(II) cash advances aggregating more than $750 that are
extensions of consumer credit under an open end credit
plan obtained by an individual debtor on or within 70 days
before the order for relief under this title, are presumed to
be nondischargeable; and
(ii) for purposes of this subparagraph--
(I) the terms `consumer', `credit', and `open end credit
plan' have the same meanings as in section 103 of the Truth
in Lending Act; and
(II) the term `luxury goods or services' does not include
goods or services reasonably necessary for the support or
maintenance of the debtor or a dependent of the debtor.
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  #3  
Old 02-20-2007, 09:21 AM
Lamaer2
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Talking

edit; just go on

Last edited by Lamaer2; 02-21-2007 at 11:22 AM.
  #4  
Old 02-20-2007, 01:12 PM
Lamaer2
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edit; just go on

Last edited by Lamaer2; 02-21-2007 at 11:21 AM.
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