3 Situations Where A Creditor May Object To Your Bankruptcy Filing

A meeting of creditors will be held if you are filing for a Chapter 7 bankruptcy, which is when your creditors have the right to object to your bankruptcy filing. Here are a few situations where a creditor may argue that their debt should not be discharged. 

You Used Your Credit Card After You've Become Insolvent 

If you have decided to file for bankruptcy, there will likely be a point where you realized that you would be unable to pay back your debts and go through the legal process to discharge your debt. It is possible for a credit card company to make a claim that you knew that you would not be able to pay back the debts, and continued to make charges on your credit card with full knowledge that you would be using bankruptcy in the future.

While it is not common for the typical person filing for Chapter 7 bankruptcy to see this type of objection, it is more likely to happen if they have proof that you were trying to commit fraud by knowingly using your credit card with the intent to discharge it. This could be done by looking at the types of purchases you made before you filed and proving that they were not normal purchases for you. This could include purchasing very expensive items, which is an indication that there was an intent to not pay the charges back.

You Lied On Your Credit Application

Your credit card company will require various information when applying for a credit card. This information is used to determine what your credit limit and APR will be. If you were not truthful on your credit card application and said that you made more money than you actually do, it's possible that the credit card company offered you a higher credit limit than what they would have otherwise given you. If you are maxing out your credit cards beyond the limits that you would have been given, this can cause the credit card company to make an objection. 

You Have A Personal Conflict Regarding Your Bankruptcy

It's likely that many big businesses will not object to your bankruptcy filing, as they often have the resources to afford it. However, an individual that is going to lose money may decide to object to cause you trouble during your bankruptcy. If they are bitter, their goal may not even be to have their debt avoid being discharged, but to delay the bankruptcy process and make it cost you more money. 

For more information or for assistance, reach out to a bankruptcy lawyer.