What To Do At Court Hearing

[almagrande]

What is the name of your state? Arizona

I'm filing Chapter 7.

I received an objection to discharge from an attorney stating that she represents bank "X". She says I charged a credit card from "X" into the 90 days limit before the BK filing.

And says it was luxurious items and cash advances, and that I made fraud.

I responded with a motion to dismiss objection to discharge that
*I don't know any bank "X".
*Bank "X" must be in possession of the original note to be entitled to make a claim.
*I didn't make any luxury purchases in that period in any card.
*I didn't make any cash advances in that period in any card.

We have now a hearing in 3 weeks from now.

I have proof all of that was for business expenses: Photos, gifts cards, an expensive business seminar, phone services, internet, which with all of this we thought to earn more money to pay back all of our debts.

My question is: is that OK to call the attorney and say this to cancel the hearing and let the discharge be done? Because she thinks everythign was a personal expense as luxury. I'm afraid that she may take that info to her advantage.

I don't know.

Additionally, the note was signed with bank "Y" one year before. (I didn't state that in the motion)

Any thoughts?

Thanks

 

[Some Random Guy]

If bank X owns bank Y or is its parent company then your first two points will be tossed.

Unless they have evidence that you made cash advances, I don't see how they can proceed with that argument.

As for your "business" expenses, some sound reasonable and others do not. If you are facing imminent bankruptcy, why are you attending an expensive business seminar? Was it really a seminar designed to bring you business or was it just an excuse to go to Hawaii for a week to attend a 4 hour meeting?

Likewise, gift cards are highly suspicious as recent purchases in any BK setting. Be prepared to show that these gift cards were purchased for a valid business reason and that they did not end up getting traded for cash that mysteriously disappeared form your assets.

 

[almagrande]

Thanks for your reply.

PARENT COMPANY: Yes, it is a parent company. But I understand if the claiming bank do not have the original note in its name, cannot be entitled to make a claim on the debt.

Some banks just have a computer generated note.

CASH ADVANCES: I don't know either why they are claiming cash advances if I didn't do something like that.

BUSINESS EXPENSES: I paid a seminar (1,500 dls) with that credit card, with the understanding that I will generate more business to pay back the debt (we didn't think to file BK). The seminar said that i will be able to generate more business in the next month. Which could be possible, but it was based only in paying more advertising. I couldn't afford to pay that anymore. So we decided to file BK. This seminar was local, we didn't go to Hawaii or something like that.

GIFT CARDS: That gift cards were bought on December. We tryied to catch more customers giving this type of gifts. Although, $100 dollars paid in $25 gift cards from a grocery store may be considered luxury?

I have all this documents to proof everythign is right. Do I have to file it as Exhibits before the hearing?

Thanks

 

[TigerD]

In the politest way I can say this:

You are about to have your a$$ handed to you. You need an attorney yesterday. When they win the fraud claim, and from your post - it was, you may be in considerable trouble.

DC