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Chapter 7 - Some questions

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    Chapter 7 - Some questions

    Hello everyone;

    My real name first off Is Jon, but on Twitter I go by toilettrash.

    I have a little bit of an issue and need to see if I am correct or not.
    First off I filed my Chapt 7 Pro Bono; lawyers wanted $2,000 for a simple case.. HELL NO!!!

    OK I filed, i figured out how to Amend pages etc.

    This is the trick question;

    I have AT&T as my Cellphone provider; i have to pay $140 a MONTh which is INSANE! I just renewed my contact (How stupid).. Here is my question:


    Since I do have a contract I know chapt#7 will take care of almost every debt. Since i have a cellphone bill since by law I have to file it does this mean I can still keep my service? can i ask them to forgive the past due balances or what happens? I need something less expensive because $140 is WAY TOOOO MUCH...

    Do i sound insane?

    I know i put AT&T Under Executory Contacts & Unexpired Leases (SCHEDULE: G)

    I know they never sent AT&T the creditor meeting info..


    Can someone maybe assist??

    #2
    I filed AT&T on my BK and still have service. I believe you will have to remain current on your bill for you to keep the service.

    Have you spoke with someone about dropping your plan. I have an iPhone and my bill with taxes are 85 dollars a month. My bill is 69 plus taxes.

    I have 450 anytime min.
    5000 night and weekends
    and unlimited data plan (I think they did away with this one)
    5 dollars for 200 text.

    My plan is 39.99
    25 dollar data use for the internet access
    5 dollars for text

    The rest is taxes.
    Chapter 7 filed on 4/23/2010
    341 meeting on 5/28/2010
    Discharged on 8/19/2010

    Comment


      #3
      mine is $180/month but that is for 4 lines, unlimited everything (except phone since who talks on a cell phone anymore) and BES. I know $180 is alot but it is my work phone too so I get refunded a portion and my wife's business also kicks in some since she uses her phone for work.

      Comment


        #4
        I did not list my cell phone provider as a creditor at all. I was current with no past due balance though. I did list my provider on sch J. as a monthly expense.
        -Filed Ch7 pro se 04/14/2010
        -341 Meeting is 05/24/2010 (went uneventfully well)
        -Report of No Distribution 6/4/2010
        -Discharge 7/28/2010

        Comment


          #5
          Originally posted by toilettrash View Post
          First off I filed my Chapt 7 Pro Bono;

          I just renewed my contact
          If you renewed your contract after your filed bankruptcy, then you're bound by the cell phone contract.

          If you filed bankruptcy after you renewed your contract, you can walk away from your cell phone provider. If you don't pay your past due bills, your cell phone provider will probably require you to give them a big deposit to continue doing business with them.
          Filed Chapter 7 July 2010
          Attended 341 September 2010
          Discharged November 2010 Closed November 2010

          Comment


            #6
            Thanks

            Thanks for all:

            Well I spoke to AT&T and they will totally wipe out my past due balance of only $200.00 which is a lot but not that bad, they also will wipe out another account. they said they will switch my account numbers and if i want i can keep my phone service with them.

            I am now thinking of getting a secured cc during bkruptcy but not sure if that is a wise idea...

            Comment


              #7
              Originally posted by toilettrash View Post
              Thanks for all:

              Well I spoke to AT&T and they will totally wipe out my past due balance of only $200.00 which is a lot but not that bad, they also will wipe out another account. they said they will switch my account numbers and if i want i can keep my phone service with them.

              I am now thinking of getting a secured cc during bkruptcy but not sure if that is a wise idea...
              No on your last sentence. Since you filed pro se' you really need the C7 book from Nolo press. $17 download pdf from nolopress.com. You have to get permission from your Trustee to incur new debt. You are going at this bk a bit recklessly. You cannot just go and make a new contract etc. You are jeopardizing your case.

              About the phone. My wife and I use Boost pre pay. No bill, no phone if we cannot afford it. We mainly use the peeper feature that costs no minutes at all. $0.10 a minute phone so keeps us off the thing. We are taking our new start seriously and money is tight. Credit is a hex in our eyes. If we don't have the money, we wait or we don't need it. Why would you wish a secured Credit Card? I see you back in bk a second time if you don't think this out better. I'm not being Judgmental, but realistic on your behalf. 'Hub
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

              Comment


                #8
                Originally posted by toilettrash View Post
                Thanks for all:

                Well I spoke to AT&T and they will totally wipe out my past due balance of only $200.00 which is a lot but not that bad, they also will wipe out another account. they said they will switch my account numbers and if i want i can keep my phone service with them.

                I am now thinking of getting a secured cc during bkruptcy but not sure if that is a wise idea...
                Yes, they will wipe out the past debt. But plan on spending more than $200 for a security deposit if you use them again.
                Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
                I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

                Comment


                  #9
                  Originally posted by Exployer1234 View Post
                  I filed AT&T on my BK and still have service. I believe you will have to remain current on your bill for you to keep the service.

                  Have you spoke with someone about dropping your plan. I have an iPhone and my bill with taxes are 85 dollars a month. My bill is 69 plus taxes.

                  I have 450 anytime min.
                  5000 night and weekends
                  and unlimited data plan (I think they did away with this one)
                  5 dollars for 200 text.

                  My plan is 39.99
                  25 dollar data use for the internet access
                  5 dollars for text

                  The rest is taxes.
                  You should look into the app "textfree" it gives you another phone# with free texting. save you 5 bucks a month.
                  Filed Chapter 7 (no Asset) - Sept 2009
                  341 Meeting - Oct, 2009 (Converted to Asset Case)
                  DISCHARGED - Dec. 2009
                  $1500 Buy Back & 67% Of Tax Refund Surrendered

                  Comment


                    #10
                    Originally posted by ChaseDidThis View Post
                    You should look into the app "textfree" it gives you another phone# with free texting. save you 5 bucks a month.
                    I will check into that. I am always looking to save money. Thanks for the info.
                    Chapter 7 filed on 4/23/2010
                    341 meeting on 5/28/2010
                    Discharged on 8/19/2010

                    Comment


                      #11
                      You need to switch to an internet phone provider like Skype or MagicJack (my current provider.) MagicJack costs like $47 for the dongle (which includes 1 year of service), and is only $20/yr thereafter - and you get a regular phone line that folks can call and leave messages that are E-mailed to you.

                      Then for the times when you really do need a mobile phone, you get a TracPhone, where you may by the minute. Once you but the phone for $100 or whatever, you pay about $.12/minute, or like $8/mo, if you don't use all your minutes fast enough. And if you do use the mobile phone a lot, you can upgrade to lifetime double minutes for $1000 (or $40 on special, if you wait around for it.) If you don't feel like paying for the service, you just don't buy it!

                      Comment


                        #12
                        Originally posted by AngelinaCatHub View Post
                        ... You have to get permission from your Trustee to incur new debt. ...
                        This is not true in a Chapter 7 case. There is no prohibition against entering into new contracts or taking on new debt between filing and discharge. It is generally wise to avoid any action that may lead the trustee to think you are being less than straightforward, and I would not do anything until I received the trustee's report of no distribution, but you do not need permission in a Chapter 7 to take on new debt. Note that any contract you sign post filing date is not dischargeable in your bankruptcy.

                        As to AngelinaCatHub's other points, they are right on. You need to really think about what you commit yourself to post bankruptcy. Use the fresh start to really get a fresh start, not just reset your debt so you can do the same thing over again.
                        Case Closed > 2/08/2010

                        Comment

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