top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Who do I list in BK filing as creditors???

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

    Who do I list in BK filing as creditors???

    I plan on filing for bankruptcy. I owe $12,314 on two credit cards and as the old story goes, I was late on a payment to both companies so they more than doubled my minimum payments thus I cannot afford to pay the min. Discussions with the creditors got me nowhere.

    Anyway, my question is when I go to list my creditors for unsecured debts, the credit card companies, who do I list since they have both have assigned my debt over to collections companies? One debt has been assigned twice. Do I list the original two credit card companies I owed or do I list the collection companies that have been assigned the debt to collect?

    Also, I owe $6000 on one card and $6,314 on another. Will a collections company go to the expense of garnishment of my wages for such "low" amounts? Is it worth it to them to pay attorney fees to get a judgement against me? I work as a full time minimum wage retail clerk and am responsible for all my living expenses (I don't live with relatives) so all my money is spent on basic existence.

    #2
    List the original creditors, and all the subsequent collection agencies too!

    It doesn't matter what your expenses are, a creditor who receives a judgment is entitled to anything above the exemption.

    WAGE GARNISHMENT EXEMPTION: 75% of earnings or 30 times the federal minimum hourly wage, whichever is greater
    This is a new and awesome instruction sheet on what is exempt property (from judgment) here in Washington and it has links on how to answer a law suit, legally protect your money from judgment, etc.:




    Welcome and waving at you from just up I-5! I hope these help you.
    Last edited by ValleYum; 09-20-2011, 10:06 AM.
    ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
    Not an attorney - just an opinionated woman.

    Comment


      #3
      Welcome WTF!!!! First you know you're not alone!

      Let me address one part of your question and others will chime in as well. For listing of creditors list EVERYONE - that is, the original credit card, the first, second, third, etc collection agency. Don't leave any of them off!!!

      Comment


        #4
        Thanks to all

        Thank you ALL for explaining to details to me.

        This will be a pain in that I owe two credit card companies but receive colleciton calls from 8 different "sources" and the credit two card companies have told me they have written off the debt. I guess the collection companies can have all sorts of aliases or anyone can jump on the debt collection band wagon. I get calls from ADS, CDS, WFNNB, Beverly and several other multiple alpha character so called companies all claiming to be collection companies.

        I wonder if I file and leave myself at the mercy of the trustee, I could end up with a chapter 13 decision and end up paying even though I have little or no resources left at the end of the month.

        I have a room mate but she lost her job and is living on unemployment insurance and hardly is able to pay anything toward expenses but I bet her income and minor contribution will be taken into consideration even though she uses her money for re-education under the Commissioner Approved Training program we have in Washington State where you can go to school, collect unemployment insurance and not have to conduct job searches.

        Comment


          #5
          Originally posted by WTF View Post
          I wonder if I file and leave myself at the mercy of the trustee, I could end up with a chapter 13 decision and end up paying even though I have little or no resources left at the end of the month.
          By a "Chapter 13 decision" do you mean the trustee forcing you into a Chap 13? You cannot be forced into a Chap 13. If you file a 7 and the trustee files an objection because he/she believes you can fund a 13 and you/your attorney don't believe you can fight the objection and win, you have a choice of converting to a 13 or let the Chap 7 be dismissed. Also, if you truly have no disposible income, you probably qualify for a 7.

          Only your roommate's contribution to your household will be included in your petition, not her entire income.

          Make appointments for free consultations with a couple BK attorneys to discuss your situation. In the meantime, do some reading here, including the stickies in the various subforums, to get a better understanding of how the BK process works.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment


            #6
            If you need a referral, I can PM you the name of the attorney we used in Vancouver. Just let me know since we can't do that in the threads.
            ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
            Not an attorney - just an opinionated woman.

            Comment


              #7
              You list everybody, everything, every collection agency, every junk debt buyer, the dog and your kitchen sink. If possible, list the original creditor with the $$$, and everyone else "for informational information purpose" with a 0.00 balance. The creditors and the courts will sort it out.
              All information contained in this post is for informational and amusement purposes only.
              Bankruptcy is a process, not an event.......

              Comment


                #8
                Valley: I use to live in Vancouver for 20 plus years. Salmon Creek area.

                Comment


                  #9
                  We are up just north of Vancouver & Salmon Creek, Dylan - been here since 2004. Lived in Bremerton (hubby was in the Navy) before that.
                  ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
                  Not an attorney - just an opinionated woman.

                  Comment


                    #10
                    I spent 13 years logging out of Battleground and Amboy. I lived on the East Fork of the Lewis, above the Heisson bridge. It is a small world.

                    Comment


                      #11
                      I lived on River Road in downtown Eugene, Oregon, when I was growing up, and we took a lot of trips to the Vancouver area. Beautiful area.
                      The world's simplest C & D Letter:
                      "I demand that you cease and desist from any communication with me."
                      Notice that I never actually mention or acknowledge the debt in my letter.

                      Comment

                      bottom Ad Widget

                      Collapse
                      Working...
                      X