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  1. #1
    Join Date
    May 2009
    Posts
    2

    Unhappy Credit Card Company is Contesting Discharge

    My question involves bankruptcy in the state of: Mississippi

    I went to court May 14, 09. Capital One is contesting $1900 and they want $190 a month interest free. I have SS and unemployment for income at this time. In Dec. 08 my truck broke down and it was $900 for repairs. Plus was using CC for living at that time. I paid my lawyer $1400 for BK and now he wants $300 more to negotiate with Capital One. He says he can "probably" get the amount owed reduced. Should I pay him to do this or can I try to talk to Capital One on my own?

    Thanks for any info.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Cc Contesting Discharge

    Was the Capital One credit card debt not included in the discharge? Was the discharge 5-09 or did Capital One take you to court on 5-09? When was the discharge?

    My understanding is your current income is SS & unemployment.

  3. #3
    Join Date
    May 2009
    Posts
    2

    Default Re: Credit Card Company is Contesting Discharge

    Bankruptcy has not been discharged yet, bankruptcy court date was 4-14-09 not 5-14-09 (my bad). Yes Capital One was included in BK. Total owed Cap One was about $14,000. They are contesting $1,900. My income is Social Security and unemployment. Was laid off all of Dec. 08, went back to work in January,09 - laid off permanently Feb. 13, 09.

    Thank you

    Charges were made shortly before because I was laid off in Dec and waiting for unemployment to start, then had emergency repairs to my pickup.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Credit Card Company is Contesting Discharge

    If you made charges just a few months before filing for bankruptcy, you will probably have to pay those debts/charges.

    You or your lawyer can talk to Capital One to see about a debt reduction but they don't have to agree.

    However, in Mississippi, they shouldn't be able to touch your SS or unemployment. Your best bet might be to go ahead & talk to your lawyer & let him help you with this.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Credit Card Company is Contesting Discharge

    They're contesting the discharge on the basis that these charges were made shortly before or during the bankruptcy? In anticipation of bankruptcy? Both?

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