Card creditor and rebuttable presumption

I’d file a motion to reconsider, within 10 days, and allege that due to an administrative error in your office. Judges are usually sympathetic when you fall on your sword. The presumption is rebuttable. It has to be brought by AP by the bankruptcy case filer’s creditor. Just made this argument to a creditor. Why would anyone filing bankruptcy do a balance transfer? Almost proof positive they did NOT intend on filing. It takes an adversary complaint, by the creditor. Depending on the creditor, and the amount involved, they may or may not file – in which case it gets discharged. The tee shouldn’t really care about it – unless the problem is so egregious that it raises issues of a bad faith filing. The presumption is rebuttable. Most of us let the cards cool off so that we are out of the presumption period before filing.

One Response to Card creditor and rebuttable presumption
  1. account money
    February 25, 2010 | 9:34 am

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