Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Chapter 7: Post-Filing

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Chapter 7: Post-Filing

    I have some thoughts to share now that we've filed ~ which may be helpful in some way, some day, for others out there.

    1) I only ended up speaking to one creditor after we had our appointment to file. (She officially filed our case the next day.) I had already spoken with all of our creditors and told them we were filing -- but they each continued to call back every couple of weeks to check in, of course. On this phone call, he wanted to know if I could make a payment over the phone and I told him no I could not, but I finally had attorney information for him because "we filed yesterday". Tone changed immediately, he took the information and hung up ASAP.

    Each creditor we talked to throughout this process asked us to call them back when we had attorney information. As we got very close to the filing date, I finally asked one guy: "Don't you automatically get all the information you need once we file?" And he said, "No, ma'am, we don't, that's why we need you to call us back with it." Ummm... okay. Does anyone see a reason why we would actually need to call them back? Because that sounds like total BS to me.

    2) The auto loan offers -- OH, the auto loan offers! My husband said we should just throw them all away, but I'm keeping them in a folder just to see how things stack up. We've gotten 10 so far -- and what surprised me is the number of them which come from legitimate, well-known dealers in our area. In fact ~ almost all of them. They just can't wait to get our business..... wait, whaaaaat? Rolling my eyes, which I cannot find a smiley for.

    3) Got a 66% settlement offer from the collection agency for Discover -- I'm sure they sent this before Discover got notice of our filing. This sort of makes me laugh and just disgusts me at the same time. Like, sure, I can't make my minimum payment on your card, but let me just whip out that $7900 I've had sitting around and settle this up with you! Seriously?

    I also just wanted to check with you guys and make sure that the collection agency didn't need to be on the creditor matrix -- because they weren't. At the top of their notices, it still says original creditor and current creditor is Discover Bank.

  • #2
    Originally posted by Chrysalis View Post
    I also just wanted to check with you guys and make sure that the collection agency didn't need to be on the creditor matrix -- because they weren't. At the top of their notices, it still says original creditor and current creditor is Discover Bank.
    Notification can be an issue, but a notification to the owner of the debt is a notification to their collection agency (CA). By CA I mean an agency acting on behalf of the original creditor (the CA is not a creditor). I am typically inclined to call the uniformed CA and inform them of the filing and demand that they never call or write again.

    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #3
      Originally posted by justbroke View Post
      Notification can be an issue, but a notification to the owner of the debt is a notification to their collection agency (CA). By CA I mean an agency acting on behalf of the original creditor (the CA is not a creditor). I am typically inclined to call the uniformed CA and inform them of the filing and demand that they never call or write again.
      Thanks, jb. I will definitely do that if we hear from them again -- but I think we won't.

      The last time we spoke with them, the guy had called my phone, left a voicemail, and immediately called my husband's phone, but would not give him any information. He wanted to talk to me. We were in the car together, so I took the phone. He wanted me to verify my birthdate or last 4 of my SS# -- I was like, "I might do that if you tell me who is calling". So I verified who I was {again, rolling my eyes -- YOU called ME, dude} and he started in with this long blah, blah, blah about "attempting to collect a debt" etc etc ETC. and I hung up. I had already explained myself to Discover -- this guy was just a waste of my time. Never heard from them again, except for this settlement offer.

      Comment


      • #4
        Another thing I wanted to share which I find interesting: Because we have all of our banking accounts with Capital One, we have free access to their product called "creditwise". So I've been keeping an eye on that -- and they also send me an email almost every day, telling us there are important updates to our credit reports. This is a pretty cool tool -- and best part, it's FREE. I can see so much information on there that I didn't even know I had access to on a regular basis!

        I noticed today that both of our accounts with Barclay are now listed as "0" balance. Is this pretty common, before discharge -- before you even have your 341 meeting?

        Comment


        • #5
          AND I think this is the last thing I wanted to talk about for today.

          We received our first official form from the US Bankruptcy Court today -- this is form 309A: "Notice of Chapter 7 Bankruptcy Case -- No Proof of Claim Deadline". This of course has the date and time of our 341 meeting (August 23 ~ squarely in the middle of my first week of nursing school ~ but it will be okay, it will be okay). It also says "no property appears to be available to pay creditors" in the proof of claim box -- and at the very bottom, in the "abandonment of property" box, it talks about the trustee's report of no distribution -- but this is not actually IT, is it? A report of no distribution would come after the 341?

          Should I be getting on PACER and poking around for any reason? Because I haven't felt the need to do that yet, but now I'm curious.

          Comment


          • #6
            I believe most, if not all, creditors/collection agencies are notified electronically as soon as you file. I had a collection agency (not listed on the creditor matrix, by the way) that called me every weekday at 11am before I filed. I filed at 9am on a Wednesday, and I did not get my phone call from the collection agency that day (or any day since). I don't think it's necessary to go and call back every creditor to tell them you filed -- if they call you though, just give them your case number and attorney's phone number and they will leave you alone. I got a couple letters after I filed, but they were likely mailed out before I filed. My attorney told me to let him know if any creditors continued to bother me, but they never did.

            The auto loan offers- oh my goodness. I thought my mailbox was going to overflow with letters from them. And, like yours, most of my letters were from well-known car dealerships in the area. Luckily, the letters have seemed to calm down a lot, and now I only get one every couple weeks (all from the same car dealership attempting to follow up).

            I use Credit Karma to get a rough estimate of how my credit score is doing, and my balances went to zero as soon as I filed, so I would say that's pretty common.

            As far as form 309A, mine said the same thing. I'm no expert, but I believe it just means that you filed a no-asset case so it appears on the surface, you will have no property to pay the creditors. You'll get the "official" report of no distribution after the trustee confirms you have no assets at the 341 meeting. So no need to check PACER right now -- it's likely just going to say "Awaiting 341" at this point.

            Comment


            • #7
              rebuilding37 ~ thanks! That's all good info to know. I think I'd rather stay away from PACER anyway, because it would probably just drive me (more) nuts.

              Comment


              • #8
                Funny thing about the car loan offers. I actually NEEDED to get a "new" car right after filing (my old car wasn't going to survive even the 90 days between filing and discharge). Even though the deal is done and there's a brand spanking new auto loan on my credit report, I continue to get offers in the mail daily...including from the company who gave me the loan!
                This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
                Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17

                Comment


                • #9
                  Originally posted by rjmwx81 View Post
                  Funny thing about the car loan offers. I actually NEEDED to get a "new" car right after filing (my old car wasn't going to survive even the 90 days between filing and discharge). Even though the deal is done and there's a brand spanking new auto loan on my credit report, I continue to get offers in the mail daily...including from the company who gave me the loan!
                  I am glad you were able to get a loan when you needed it. I suppose there are a lot of people in that situation, and so, it is helpful to have these dealers reach out and let you know your options.

                  We've considered (and considered... every which way) what to do about our vehicles, and I think we're going to sit tight with the loans we have. We will choose to reaffirm because they are both with a credit union, but the interest rates are good at 2.5% and 2.8%. They are both newer and dependable. We can see them lasting a LONG while. And the thought of car shopping and getting any new loans at this point is just so, ugh... I guess that's part of what "gets me" about these offers. After putting so much effort into maintaining a perfect credit report for 20 years, and then watching it all go up in flames ~ I'm just disgusted with being offered more and more chances to screw up. If that makes sense.

                  Comment


                  • #10
                    Yeah I had to consider it VERY carefully because the new loan payment was somewhat higher than my old one...but still affordable as long as I behave myself. I just found the lack of communication between their marketing department and loan servicing department very amusing. It's like "Uh, you guys realize you sent me a welcome letter, and my first payment coupon, AND an offer for a loan, in that order, right?"
                    This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
                    Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17

                    Comment


                    • #11
                      I have another question today, if anyone would like to comment.

                      As you know, my husband has been off work for 4 weeks now due to back surgery, and we have not yet received any of his disability pay. I started looking at jobs the other day, trying to see if I could find anything part-time, which may also work with nursing school.

                      Well, the other day I had the first job interview I've had in 18 years. It appears that I may soon begin training for a customer service position at a national call center which just happens to be here in our town.

                      Trustee wants "last 2 pay stubs" at the 341 meeting. I have no idea what sort of pay I may have received by then, but is this going to affect our case in any way?

                      My husband won't have any pay stubs past July 7, which was a small check of just one week's vacation. Other than that, we'll just have his disability payments going in.

                      My gut says this is not something to worry about, because it's not like all of a sudden we're just going to be rolling around in money. Our attorney did not even get very specific on the means test (there were other categories where I think we could have used expenses) and she still showed -$38,000 over the course of five years if we paid $500 into a Chapter 13.

                      Thoughts?

                      Comment


                      • #12
                        Talk to your attorney. You may end up needing to amend your petition to reflect the income changes. If there's a mismatch between what your petition says and what the trustee gets at the 341, you may have issues.
                        This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
                        Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17

                        Comment


                        • #13
                          Well, there's going to be a total mismatch anyway, because A) he's off disability for probably 12 weeks, and B) his income changes all the time anyway!

                          I guess I don't understand what they are looking for in those "last two pay stubs" ~ if everything is supposed to be based on the 6 months prior to filing.

                          I did send an email to my attorney after I posted here, but she's out until Wednesday.

                          Thanks!

                          Comment


                          • #14
                            The more I think about this, the more it is bugging me. One attorney we consulted with told me "he can make as much money as he wants after we file" and then he said "well, he could wait until after the 341 meeting, that may look better".

                            Now, come on. Which is it? I honestly didn't think anything about applying for some part-time jobs because *he isn't working*. I was just trying to do what I could to help out with our new financial picture ~ which honestly is a little scary!

                            So I don't know what to think now. Our petition is just a snapshot of a place in time... And our attorney did not include everything I would have included. Our 401k loan, for example. That's over $400/mo and I see it nowhere in 68 pages of paperwork.

                            Comment


                            • #15
                              Some soundbites...
                              • A 401(k) payment can't be claimed in a Chapter 7. That's why it doesn't appear in the petition. (In a Chapter 13, most districts allow either a Chapter 13 loan or Chapter 13 contributions; some allow both in Chapter 13s.)
                              • It is very rare, after filing a Chapter 7, for the U.S. Trustee to be concerned with post petition earnings (in fact they are not part of the bankruptcy estate). In some cases where the filing looks suspicious, the UST could become concerned about significant post-petition earnings and file the so-called "totality of circumstances" object.
                              • It is better to not earn significant money between the filing and the 341 Meeting because the Trustee "will" ask if there's been a change in income (it's one of the basic 21 questions).
                              • The "last two paystubs" is all about the "totality of circumstances" inquiry and to make sure that you didn't "time" your Chapter 7 to take advantage of the 6-month lookback window. (There are a lot of debtors that take advantage of the window "knowing" that they will be employed again earning $$$ that would otherwise have put them in a Chapter 13. The UST does not catch all of these, but if you made $100K+ the prior year to filing, expect more scrutiny.)
                              • These are all things not to worry about. Standard practice.


                              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                              Status: (Auto) Discharged and Closed! 5/10
                              Visit My BKForum Blog: justbroke's Blog


                              I am not an attorney. Any advice provided is not legal advice.

                              Comment

                              Unconfigured Ad Widget

                              Collapse
                              Working...
                              X