Freaked out...please read

[kully]

What is the name of your state? FL

What happens if one or more of my creditors petition for this bankruptcy and they end up getting taken off of the bankruptcy?

 

[HomeGuru]

What is the name of your state? FL

What happens if one or more of my creditors petition for this bankruptcy and they end up getting taken off of the bankruptcy?

**A: what??????????

 

[SkankCheese]

I don't think they normally do this unless you rang up a huge amount of debt 60 days prior to filing.
And even then they have to show that you were trying to commit fraud.


I believe so anyways, someone will correct me if I'm wrong.


BTW- I'm taking this to mean that they try to contest it

 

[Ladynred]

Yes, I too would presume that you have creditors challenging the dischargability of one or more of your debts ?? IF that is the case, then there will be an Adversarial Proceeding and both sides get to present their case. The PRESUMPTION is that there is fraud, so YOU have to do the proving that its not.

When did you file ??

 

[kully]

Yes, I too would presume that you have creditors challenging the dischargability of one or more of your debts ?? IF that is the case, then there will be an Adversarial Proceeding and both sides get to present their case. The PRESUMPTION is that there is fraud, so YOU have to do the proving that its not.

When did you file ??

I filed on October 7th.

 

[kully]

I don't think they normally do this unless you rang up a huge amount of debt 60 days prior to filing.
And even then they have to show that you were trying to commit fraud.


I believe so anyways, someone will correct me if I'm wrong.


BTW- I'm taking this to mean that they try to contest it

yes that is what i was trying to say.

 

[timelimit]

IF they can prove that you knew you were going to file and intetionally rang up debts, they will be removed from discharge and you will have to repay. Not knowing who those creditors are though it is difficult to say what their reasoning is. Some debts are difficult to get discharged. for example if you have debts that are a result of criminal acts, you cannot discharge, like lawyers fees for criminal courtcases, bailbond bills, civil judgements for damages from a acriminal act (i.e. property damage from an auto accident where you were criminally at fault ,DUI ex)

 

[Ladynred]

Did you have an new charges on your credit cards within 90 days of your filing for BK ? If so, what kinds of things did you charge and do you have receipts ??

Did you have any cash advances within the last year ?

These kinds of things are what is typically challenged. You could be asked when you had decided to file for BK to determine your intentions.

 

[kully]

Answer

The only thing we bought in the last 90 days was a battery for each of our cars and an oil change for each of our cars.

I was paying my creditors back through a counseling service. I had 2 years left but after having a baby I didn't work a lot so our bills just kept piling up. We could only afford to pay the usual bills (rent, electric, phone, etc..)

Definitley didn't rack up bills so we could file for bankruptcy.