Oversseas case--some advise needed

[kpapt]

I have been over seas for the last 10 months. I have been in touch with a lawyer in the US who would do my chapter 7 filing. He said I could do the filing from overseas and make a trip just for 341 meeting instead of making two trips.
1. I have five credit cards that I want to include and have no other debts.
2. I have zero assets

Now, since I have been away I do not know if any of these credit cards turned the account to Collection Agencies. My question is, if I file from overseas giving the five credit cards information and then later find out that one or two of the credit cards have already been sold to Collection Agencies, what would happen? Am I allowed to update the info at 341 meeting? Do I have to know before I file exactly who is trying to call or sending letters at my relative's place in the US where all my mail go to? I don't want anyone one go through tonnes of my mail for the last several months. They are already upset with all the calls. Please help because I dont want to make the trip to the US just to check some mail -- saves me at least $1000. Thanks

[nc73]

Sent you a PM. You could just have your relatives put all those letters in a box and send them to you. You could also contact your creditors and ask what the situation is.

[lrprn]

if I file from overseas giving the five credit cards information and then later find out that one or two of the credit cards have already been sold to Collection Agencies, what would happen?

If the original debt is successfully discharged, then anyone the original creditor sold the debt to after you file is out of luck. You send the discharge listing the original creditor to the collector. For all debts owned by a collector before you file, it's best to have the colllector listed to be certain they are notified in a timely manner about the bankruptcy.

Have you pullled your credit reports? They aren't 100% reliable, but will have most of your accounts listed along with the collection agencies any original debt was sold to.

Am I allowed to update the info at 341 meeting?

No, although your lawyer can file amended forms after the 341 if that proves necessary. It will delay your discharge though.

Do I have to know before I file exactly who is trying to call or sending letters at my relative's place in the US where all my mail go to?

It certainly would help to know that. What's preventing your relatives from writing down or emailing all the creditor and collection agency names, mailing addresses, and amounts of the debt? That's what you need to file.

1. I have five credit cards that I want to include and have no other debts. 2. I have zero assets.

Given that currently you are judgment-proof, if you intend to return to the States someday, all you have to do is send cease-and-desist letters to get your creditors to quit harrassing your relatives on the phone and force them to send things only to you in writing. Then wait to file until you're back in the States.

If you don't ever intend to come back to the US, then the two questions to ask your lawyer are (1) do you really need to file right now? and (2) Can your creditors use Ch 15 to come at you while you live overseas? (see http://www.uscourts.gov/bankruptcyco...chapter15.html to learn about Ch 15)

[kpapt]

lrprn, Thank you so much for your post. Very helpful.

1. Yes, I got my credit reports from all three agencies yesterday and I see no collection info there.
2. Yeah, my relatives could send me the creditor, CA agency names. I am just trying not to bother them too much.

BTW, does anybody know within how many days after filing I will know when my 341 meeting will be? I know 341 meeting is about 4-6 weeks after the filing but when will I know about this date? Thank you.

[nc73]

lrprn, Thank you so much for your post. Very helpful.

1. Yes, I got my credit reports from all three agencies yesterday and I see no collection info there.
2. Yeah, my relatives could send me the creditor, CA agency names. I am just trying not to bother them too much.

BTW, does anybody know within how many days after filing I will know when my 341 meeting will be? I know 341 meeting is about 4-6 weeks after the filing but when will I know about this date? Thank you.

about a week I heard

[lrprn]

BTW, does anybody know within how many days after filing I will know when my 341 meeting will be? I know 341 meeting is about 4-6 weeks after the filing but when will I know about this date? Thank you.

If your lawyer files your case electronically, you have your case number immediately and your 341 date within a week later.

If your lawyer files your case on paper, it may take longer - perhaps 1-2 weeks.

No matter what date is chosen, you should have at least 2-3 weeks to make your travel plans.