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Category: Bankruptcy Law
Satisfied Customers: 17252
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I just had my 341 this past Monday. Today my attorney called

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I just had my 341 this past Monday. Today my attorney called and said we received 2 letters from "Big" law offices in New York, requesting that I pay for my debt. She told me not to worry, I wasn't required to pay the debt, and that she's not going to respond to the letters. But I am a little worried, because my attorney doesn't inspire confidence in me. We had to get a cash advance about 86 days before we filed to get out of a bad business deal. We thought we could handle the payments but couldn't. Should we worry? What is the intent of the letters? What are the rights of these creditors--could they prevent me from getting a discharge?

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

If the debts were listed in your bankruptcy, they have no legal right to come after you for the debts, and if they failed to appear at the 341 "meeting of creditors", they cannot claim a debt as the failed to appear at the 341 meeting and file an objection against your discharge.
Customer: replied 6 years ago.
No, they didn't appear at the 341. But do you think a large cash advance 85 days before filing will trigger a AP? How common are AP's? The cash advance was 14,000. Just wondering how common AP's are.
The bankruptcy law presumes fraud if cash advances over $750 were made during the 70 days, or “luxury” purchases totaling more than $500 during the 90 days, before a case is filed. In your case, if the trustee did not object and no objections were filed you should not worry, the trustee should have inquired about what you used the cash advance for, and if you took the advance for the business and can prove it, you should have no issue.
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