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    Newbie Questions

    Hi! I met with the bankruptcy attorney on Friday and actually left with a feeling of relief.

    Long Story Short - I got "screwed" by a family member over a contract that was to be considered paid in full upon the death of my great aunt. She was disabled prior to her death and assured me the note was forgiven. I seeked legal advice and was told that her word with a witness was good enough. Her brother filed a judgement against us and got it even though our attorney's advised us not to pay it. The judge refused to even list to our case saying that forgivness had to be in writing.

    I went to see another attorney 2 weeks ago after showing up for interrogatories and being threatened with a sheriff coming to search our home for assets. He told me due to the time that had elapsed and the amount of the note $25K we were in the wrong place and needed to seek bankruptcy. He did advise me to file malpractice against our attorney but as it turns out she has brain cancer and 4 small children and I just can't bring myself to do it in our small town.

    We have approx another $25K in unsecured debt that has arose due to medical bills and my hate of collection calls. There is an additional $10K of medical bills from my dh being hurt on the job but the hospital treated him as a stroke pt and didn't do a 1st report of accident.

    So here I am, I paid the retainer to the bankruptcy attorney and am getting my paperwork together. I have to get my home appraised but based on the economy it looks as though there will be $10K in non-exempt equity that we will have to pay over the period of the 5 yrs, along with the note payments which will run about $590 per month. He said he would include our 2005 Tahoe which has approx another 5 yrs of payments of $475. He felt he could negotiate with the bank on it and bring that amount down. He advised me to continue making my mortgage payments as usual.

    I have never did anything like this and feel confident but scared. Worst case scenario was losing our home and we have a 12 yr old son.

    Since I had no clue that bankruptcy was in the future, I did do 2 $250 cash advances on a cc last month and ordered a $250 dollar household item on another cc. I told the attorney about the cash advances and he only asked about purchases over $600.00. I am still concerned about this. I had agreed to an "easy pay" on the household item and it will be billed in 5 increments over the next 5 months. I am not sure what to do on it.

    He advised me to send a letter to the collection attorney first thing tomorrow on the note and to complete the paperwork. He told me that if I went ahead and paid the retainer I could not make cc payments this month and just tell them I had retained him and give him his number when they called.

    Should I go ahead and call them tomorrow? Do I go ahead and call my mortgage company? I have no intentions of using my credit card but how far back will they look for small purchases. IE: I have had the dish/internet bill automatically billed to my cc for over a year because my dh gets reimbursed for the internet bill and it doesn't always happen quickly. I plan to call and change it but there may be a charge on it for this week. Hope that makes sense!

    In addition, what do I expect the creditors to say and/or do upon receiving this news. If there is only $10K to go around to the unsecured creditors, are they going to continue calling?

    I am just a little nervous! Thanks!

    #2
    Originally posted by aliciak View Post
    I had agreed to an "easy pay" on the household item and it will be billed in 5 increments over the next 5 months. I am not sure what to do on it.
    Do nothing. As your lawyer advised, don't pay on any unsecured debts from now until you file. It feels very weird at the start, but there's no blue ribbon waiting for you to pay on debts that will be included in your bankruptcy. You're just throwing good money away that can be used in better ways to help your family.

    He advised me to send a letter to the collection attorney first thing tomorrow on the note and to complete the paperwork.
    Then you should do what your lawyer advised you to do.

    Should I go ahead and call them tomorrow?
    I'm confused. Are you calling or are you sending a letter? Have I confused two different things?

    Do I go ahead and call my mortgage company?
    It sounds like you want to keep your home. Why do you think you should call your mortgage company now before filing?

    I have no intentions of using my credit card but how far back will they look for small purchases.
    Small purchases for regular living expenses shouldn't be an issue. The trustee is looking for luxury purchases, big $$s, and insider preference transfers.

    One caution - you must notify your internet provider in writing by certified, return receipt mail that starting immediately you no longer allow direct payment to be taken from your account. And then you must also notify your bank in writing so they don't allow the withdrawal. We have had many members who notified their cc's to stop auto-withdrawals and still had the withdrawals continue until the account was closed or overdrawn. Avoid this from the start by building a traceable paper trail. Then be sure it's enforced.

    In addition, what do I expect the creditors to say and/or do upon receiving this news.
    Pardon my bluntness, but you shouldn't care one iota about what your creditors say or do when you file bankruptcy. They have no choice but go along with your Ch 13 plan.

    If there is only $10K to go around to the unsecured creditors, are they going to continue calling?
    Unfortunately those calls can continue until they are notified you actually filed and have a case number. Before you file, many creditors will continue to call even after you give them your lawyer's contact information. These collectors hear "I'm filing bankruptcy" a hundred times a day. It can slow the calls down from some creditors, but overall can have little effect until you actually do file and the courts enforce your automatic stay.

    Original creditors and collectors both have the legal right to call you and send letters requesting payment (and threatening legal actions) until they are notified by the bk court that you really filed. Collectors have certain restrictions set by the Fair Debt Collections Act (they can't call after 9 pm your time, for example) but original creditors have no such restrictions.

    If you don't already have one, get an answering machine, put a message on it that clearly identifies you (and your spouse if you are filing together) so the creditors have no excuse to call neighbors and family members because 'we can't find you'. Then once a day delete all the phone messages the creditors leave.

    Don't allow yourself to be bullied by creditors or collectors. Never promise to pay an unsecured creditor something because partial payments are useless and (as I said above) a waste of your hard-earned money. Be polite but don't hesitate to hang up on creditors and collectors, even if they are still talking. There's no rule that says you have to talk to them ever. Frankly if you are a person who is easily intimidated or can be manipulated, it's best to not talk to the creditors directly anyway. You don't need the guilt trips they will create for you just to pressure you into paying them. No matter what they say, their one and only goal is to get money out of you. Don't fall for it.

    I am just a little nervous!
    We all were at the start. Hang in there and keep coming here for moral support. Most of the time, nervousness decreases in direct proportion to how much you understand about bankruptcy and what to expect from the process. You've taken your first steps in that direction - good for you!
    Last edited by lrprn; 11-09-2009, 10:18 PM.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Thank you so much! I truly appreciate the advice. As far as the credit cards, for the most part I had already paid the payments for November prior to seeing the attorney. However I do have one little problem. My dryer has quit this morning and I obviously do not have the funds to pay for another one. I had paid the payment on my home improvement store card for the month. If it were below the $600 mark should I go ahead and buy one. Sorry I'm just trying to cover all my basis. My parents would loan me enough to purchase one but then I would have to say I owe family and that doesn't really help the situation. I haven't filed only retained an attorney.

      Thanks
      Alicia

      Comment


        #4
        Two more questions please, my budget has come due on my power bill in the whopping amount of $400.00. Do I pay it or include it in my bankruptcy?

        #2 - I called Verizon Wireless yesterday to try to cut out some features and such to get my bill down. They were very uncooperative. We had already disconnected our home phone so cell phones is all my son and I have. I went by Ntelos who offered me a great rate. Would you go with Ntelos and then let the early disconnect penalties from Verizon go into the bankruptcy?

        Thanks
        Alicia

        Comment


          #5
          Pay the power bill, if you plan to keep living there. If you discharge it in BK, they can ask for a large deposit on the other side of BK, so you end up losing anyway.

          As far as Verizon, I don't know. Maybe someone else has the answer. At first glance your pln sounds okay, but I wonder if BK would end the contract anyway, regardless of payments due for early disconnection. I don't have that answer.
          11-20-09-- Filed Chapter 7
          12-23-09-- 341 Meeting-Early Christmas Gift?
          3-9-10--Discharged

          Comment

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