You are here:
- Home
- Business
- Corporate Law
- Bankruptcy Law
- Chase bank filed advesary motion section 523
Bankruptcy Law/Chase bank filed advesary motion section 523
Advertisement
Question
Hi..My husband and I filed chapter 7 in November it will not be discharged until June...90 days prior to filing I opened up 3 charge cards..with no intent of even filing for bankruptcy..Chase bank wanted me to sign a reaffirmation agreement i said no because i could not pay the monthly payment....so i sent my lawyer a complete account on every item i purchase with the reason according to section 523 it was all for eminence of the family and or support...No luxury items were on it....My lawyer choose not to look at my findings and never response to Chases bank ...So now i am sent a adversary motion and now have to go to court...So i had to hire another lawyer to file a motion...Now he is not responding to my phone calls....How would you proceed with the Chases adversary motion....I just want to know what the procedure is so I can keep ontop of it because of what happened with the first lawyer.....THANKS JANICE
I get so angry when I hear about lawyers who provide slipshod services and who fail to provide adequate communication with their clients. You have a perfect right to be ticked off!
)
The way I would handle this would be to make a careful review of all the information that you previously assembled so that I can try and show that the charges were not incurred for luxuries and that you held the honest, good faith belief that you could pay your debts according to the terms of each agreement at the time when each charge was being incurred.
I would interview you and ask you questions, probing to see if other factors are present that might have a bearing on this, such as a job loss or drop in income that could help to explain why you are now unable to pay the debts that you incurred.
I would explain to you that most of these cases can be settled, usually on very reasonable terms. Most settlements are made for about 50% or so of the amount that is in dispute, usually with reasonable monthly payments without interest.
Settlement might be an effective alternative to going to court, and the attorney fees for working out a settlement should be much less than the legal fees would be to go to court on this.
If you are not interested in seeking a settlement, or if time does not permit settlement efforts at this stage, I would file an Answer to the complaint, explaining your side of things with the reasons why Chase is wrong about saying that the debt should be non dischargeable. After the Answer is filed and served, there will be further opportunities to seek settlement of you wish to do so.
I do hope things get quickly resolved so that you can put this behind you. Readers who want to do some further general reading on debts that are not dischargeable can see my Bankruptcy Guide at http://www.debt-relief-bankruptcy.com/faq-browse11-14/bankruptcy-guide.asp
- Add to this Answer
- Ask a Question
| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | THANK YOU FOR THE QUICK RESPONSE....THE EXPLAINATION WAS VERY HELPFUL....WISH I HAD A LAWYER LIKE YOU !!!! | ||
Related Articles
Answers by Expert:
Los Angeles Bankruptcy Lawyer Leon D. Bayer
Expertise
Leon Bayer has successfully represented clients in bankruptcy for over 30 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues. If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/ Leon also writes about bankruptcy law for Nolo, see http://www.nolo.com/law-authors/leon-bayer.html and his "Ask Leon" bankruptcy law blog column at http://blog.nolo.com/bankruptcy/
Experience
Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing bankruptcy lawyer in Los Angeles, California for 33 years.
Organizations
National Association of Consumer Bankruptcy Lawyers, California Bar Association, Los Angeles County Bar Association.
Publications
Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.
Education/Credentials
B.A., J.D.
Awards and Honors
President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000
MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.
Past/Present Clients
I have probably handled something on the order of about 15,000 bankruptcy cases thropughout my career.
©2012 About.com, a part of The New York Times Company. All rights reserved.