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Will my creditor fight our discharge?

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Anonymous
Not applicable

Will my creditor fight our discharge?

We filed 2/17. Most cc's are showing closed on my credit report. AE and Discover Loans, however, isn't. Does this mean they're going to fight it?

Message 1 of 9
8 REPLIES 8
twono
Frequent Contributor

Re: Will my creditor fight our discharge?


@Anonymous wrote:

We filed 2/17. Most cc's are showing closed on my credit report. AE and Discover Loans, however, isn't. Does this mean they're going to fight it?


Doesn't mean that at all.  Some creditors are slow to act, update, etc, even past DC....

 

DCU is reporting my visa as open to TU.....almost 6 mos post DC.  It's not hurting me so im not risking disputing it.

 

I'm not sure i have read a single claim on the forums by a BK filer, that a creditor disputed a DC.

 

We know the anxiety and stress is great during this time, but if the trustee or your attorney hasn't raised an issue you with your BK petition, then there's really nothing that a creditor could dispute.....unless they suspect fraud when the accts were opened, as in not giving truthful income info or something like that.

Message 2 of 9
LifeIsAHighway
New Contributor

Re: Will my creditor fight our discharge?

Keep in mind that this is not legal advice. Specific questions should be directed to your attorney. However, with that being said, I've been through a Ch7 BK & my sister is an attorney. (She did not represent me in my BK so there could be no claim of conflict of interest.)

 

It is extremely rare, almost unheard of, for a credit card issuer to try & dispute your BK...unless there is reason to believe fraud was committed. If you used the credit cards in question to purchase "luxury items" within the (usually) 90 days prior to the day you filed for BK, a credit card issuer "can attempt" to prove fraud was committed. By this, I mean they can claim that you made a purchase that you never intended to pay for because you knew that you were going to file for BK. Even with that, definition of a "luxury item" is difficult to define unless it's blatant. If you bought groceries, paid your electric bill, etc...those are obviously necessities. If you bought a new TV three wks before filing, that could be a different story. From what I understand, cash advances right before filing can potentially be a problem as well. Again, credit card issuers "can" claim that you basically stole money with the intention to never pay it back.

 

Awaiting the 341 meeting, & then awaiting discharge, is nerve-wrecking. However, with a good attorney & no actual fraud on your part, you should be fine. The day that you receive your discharge papers brings a HUGE sigh of relief. Best of luck to you on your discharge & new beginning.

** SCROLL OVER ANY OF THE IMAGES BELOW FOR DETAILED INFO **

LOANS:

CREDIT CARDS:

Total CC CL $96,650 + HELOC CL $25,000 = Total CL $121,650

Ch7 BK Filed 10-29-2018
Ch7 BK Discharged/Closed 01-30-2019
Mortgage Reaffirmed in BK - Perfect Payment History Since Purchase

Fico 8 Scores - 06-2024


Fico 9 Scores - 06-2024
Message 3 of 9
FireMedic1
Community Leader
Mega Contributor

Re: Will my creditor fight our discharge?

Welcome @Anonymous It takes time. Since it hasnt been a month yet. You havent been to your MOC yet. Sit back, relax, dont worry. It can take up to 30 days after DC until the smoke clears. You'll be fine. Dont stress it.


Message 4 of 9
Guyatthebeach
Valued Contributor

Re: Will my creditor fight our discharge?

Kdclose1,

 

In my opinion there is on correlation between creditors disputing at a 341 meeting and taking longer to close accounts. If you are filing chapter 7 and the trustee feels there are no assets worth selling, then you creditors will get nothing even if they dispute. Again I would not worry about it.  

Guyatthebeach

Message 5 of 9
Anonymous
Not applicable

Re: Will my creditor fight our discharge?

There was and is no fraud on our part. We were truthful with our creditors and truthful with our attorney. 

Message 6 of 9
FireMedic1
Community Leader
Mega Contributor

Re: Will my creditor fight our discharge?

You'll be just fine. Once its over and you walk out of the MOC. You'll say to yourself like soooo many others on here that have been thru it. I got all worked up over that? Pfft. Piece of cake. Monkey off your back.


Message 7 of 9
Azuieldrago
Frequent Contributor

Re: Will my creditor fight our discharge?

I am a recent DC'er. I had a couple of accounts hold out til the end. Those ones I had to dispute to get them into BK status and to get them into discharged status along with $0 balance. As long as they don't post anything after your file, your fine. Its not until DC that they have to close and $0 out. I filed on a Fri. Literally by friday night, my alerts went crazy with updates and all weekend long too. Alot do it quickly because they know they wont get anything and to also prevent them from breaking the automatic stay. But as long as they don't send you bills or add any other non-BK related remarks. You are fine.






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Message 8 of 9
Anonymous
Not applicable

Re: Will my creditor fight our discharge?

I'll have to pay attention to whether or not they're reporting me as paying late.

Message 9 of 9
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