Bankruptcy Forum

I Need Answer Before Morning, Please!!

Denmarie
09-08-2005, 07:39 PM
I have a small loan which they are holding two post-dated checks of mine. I was suppose to renew yesterday for $34.00 but didn't. They said I could come in tomorrow, Friday.
If I don't go in and pay the renewal and let the check go to y bank there won't be enough money in the bank to cover this. My husband and I are going to the lawyer to sign the papers for filing a chapter seven today, Friday.
My questions are this...What will happen as far as the post-dated check for September 8th? By the way I did include these two checks on our filing papers.
How soon after my hubby and I sign the papers do they notify the creditors?

Thanks

sunshine08
09-08-2005, 07:51 PM
Your creditors should be notified w/in a week or so after you file, depending on how backed up the courts are. You will know because the courts also send you paperwork telling you when the 341 meeting is.
Didn't you ask your attorney this? After all, this is why you are paying them, to advise, etc.
However, after the papers are signed, I would call the company and give them your attorneys name and number, that you are stopping payment on the check (fax them this) and advise them you are filing bankruptcy. (this is only my opinion). Good luck. I promise it gets easier.

StaciMM
09-09-2005, 02:44 AM
How much is the post dated check, and how much is your bank fee?

If you sign w/ the attorney today, the creditor could still put the check thru before the BK is filed, and that may not be enough time to put a stop payment on the check. Our banks charge $30 per transaction, where its a stop payment or NSF.

You may be better off paying the $34 if that will buy you time.