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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 01-07-2001, 03:37 PM
Wendell
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I filed my Chapter 7 in late October 2000. It was a no-asset case, and all of the debt was credit card. I was a little worried that some of the companies would come after me or try to protest the bankruptcy because I had gotten a few of the cards fairly recently (earlier in 2000), and most of the debt was cash advances. (The cash was all lost in the Stock Market).

Well, none of them showed up at my First Meeting of Creditors (late Nov.), and none of them have contacted me or my lawyer yet. The deadline for creditors to contest the discharge is in about 3 weeks (late Jan. 2001).

My question is: since I have heard nothing so far from any of the creditors, is it likely that none of them are planning to come after me? Or is it common for them to file their protest "at the 11th hour" (close to the deadline date?)

I am just nervous and want to know if it is probable that I am "in the clear." I did not act fraudulently in any way, but am still worried that some of the creditors might try to sue me. I can't afford the legal costs that would be incurred, and dread the thought of going through the stress of being sued in court.
- But if this does happen, and I win, would the creditor be responsible for my legal fees incurred?

Thanks in advance for any insights!
  #2  
Old 01-07-2001, 03:42 PM
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Location: Catatonic State
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Those credit card companies are all unsecured creditors so they are just planning to write it off. It does not pay to fight it in a BK 7 unless you commited fraud.
  #3  
Old 01-07-2001, 04:01 PM
Wendell
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Thanx for your reply. I am just worried about the credit card co.'s possible 'perception' of fraud. I took the cash advances with the intent of making money in the stock market. The last cash advance I took was only about 5 months before I filed the Ch. 7.
-I have heard or read that large cash advances are often seen as a "red flag" to credit card co.'s, and might cause them to try and sue for fraud?

-In any event my lawyer thinks that even if it comes to that he could easily prove that my intent was to make money in the stock market (even though things did not turn out that way!) The money is gone, I have nothing to show for it.
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