can creditors come back to haunt you?

[thericks]

I live in Nebraska -- BK was filed on 3/1 - had the 341 hearing on 4/2 -- no creditors showed up etc. Now the attorney calls and said he got a letter from one of the credit cards saying that the credit card was used within 90 days of filing (which it was used 70 days prior to filing and didn't know BK was going to happen at that time - it was used for xmas gifts) so their letter was saying that we knew we were going to file etc and that they'd let us off if we agreed to pay $3,500 of the $5,000 balance, interest free $125 per month ...

My question is this -- can they legally do that or is it considered harrasment? They obviously didn't send a letter to the Trustee or to us - only to our attorney (who by the way is an idiot because he didn't know the answers to any of our questions - guess you get what you pay for).

Please advise if you know what we can or can not do about this ..

Thank you!

 

[skwirl]

Are you sure the "lawyer" you hired is actually a "real" lawyer??? I am not an attorney but I have done enough research and reading to know if a creditor was listed and your 341 meeting has already occurred and they didn't dispute it at that time then there is nothing they can do about it. It sounds to me like your lawyer has had a lapse of professional judgement here. I could be wrong but I have never heard of such a thing! There are a few senior members that I am sure are going to have a field day with this post, I can't wait to see their response! Bigun, dorenephilot???any responses?

 

[Ladynred]

I don't think it can be considered harassment, and creditors have the right to contest your discharging your debt to them, but I think they have to contest it by the 341 meeting. Sounds to me like a last ditch effort on their part to recover money, and may even be illegal post-341. I'm guessing its up to the trustee to decide this one. The credit card company can make the accusations.. but its got to be up to someone to PROVE you tried to deliberately gyp them out of their money.

I didn't intend to file bankruptcy either.. but that all changed on 2/1 when I was laid off. I used my Amex card to by books (tools of my trade) just a couple of weeks before I was laid off. Could AMEX contest that.. I'm sure they could, but I had NO intent of filing for bankruptcy at that point.. I had a decent paying job and I was catching up on some past due bills. Now I'm waaaaaaaaaaaaayyyy behind and still out of work.. I don't have much choice.. I can't afford to pay anyone other than rent, utilities, car insurance, gas, and groceries with my unemployment check. Those bills that were 2 months behind on 2/1 are now close to 5 months behind, and there's a judgement for almost $40K just waiting to happen.

Sr Members, any input ?

 

[PoohBear8]

any creditor can file an objection to discharge until 60 days after the creditors' meeting. it states that write on the paper the creditor receives notifying them of the bk.
read the following site about debt created right before filing. it might not be discharged in the bk.
http://www.madere.com/bankrupt.html

 

[skwirl]

Thanks for the excellent info. That really sucks, so I guess your not out of the woods until 60 days post 341. That would make sense considering it's after that period that you finally get your discharge. (I already knew that too, sorry, alzheimer's setting in I guess)

 

[gottago]

The important issue here is what you purchased with the card around 70 days before you filed, and how much you charged.

Give us a general idea of that, and we can tell you how to proceed.

 

[bigun]

And, one more question that I think is important. After you used the card for Christmas presents in Dec. did you make at least the minimum payment in Jan. and Feb?

 

[thericks]

I'll have to check when I get home - I'm traveling for business until Friday -- I know that there were cash withdrawls as to pay utilities, truck payment (they were going to repo it) etc there were no big purchases but a lot of smaller ones for gas, groceries. I'm sure the minimum was paid in January but I don't think we paid in Feb as we didn't have the $$ to pay it....

 

[dorenephilpot]

The creditor followed the protocol required: It contacted your attorney, rather than you, and asked if you were willing to pay back the debt you created within the 90-day period before filing.

Just because the creditor asks, however, doesn't mean that you have to do it, though.

Your answer here can be "No way!"

Then if the creditor wants to file some kind of adversarial proceeding, the creditor can.

However, I doubt it will be worth the creditor's while, so they'll probably let it drop after you say, "Thanks, but no thanks."

It's all a game -- they ask, hoping you'll cave. You say no, hoping they'll go away.