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[quote=Anonymous][quote=Anonymous]Real BK Attorney here (not some judgemental SAHM spewing some Suzzie Orman b.s. advice).

Even if a creditor alleges fraud, the Creditor has the burden of going to trial and proving fraud.  (It's called an adversarial proceeding.)  Many creditors threaten to do this to squeeze money out of the debtor.  However, few creditors actually follow through because it's very expensive to them and creditors hardly ever win due to the high burden.

If a creditor does follow through, the debtor will need to make a choice - can I live with this particular debt or do I pay an attorney an extra 5 to 10k for this trial (the first payment to the bk attorney probably did not include this type of trial).  However, many bankruptcy judges will appoint an attorney for consumers if they are poor enough and ask nicely.[/quote]

Thank you.

Yes, my friend is now having to deal with additional bk atty fees to litigate the creditor adversarial proceeding. Bc the cc amount in dispute she was hoping to have discharged is (far) greater than the atty fees.

There is no fraud involved, the charges are mainly medical/therapeutic/living expenses, no luxury splurges, but this filing was unexpected and devastating to her. [/quote]

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