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What sort of Documentation do I need? And other creditor questions

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  • What sort of Documentation do I need? And other creditor questions

    Howdy AGAIN.

    OK, so I have 5 unsecured creditors.

    5 of them are credit cards. 1 of them was wireless provider.

    First off, 3 of the 5 credit cards are charged off already. Just barely. I had made arrangements with the collections people to pay a small amount till I could figure out what to do.

    One credit card, would not talk to me because it had not charged off, so whether or not I paid them $40 bucks or something would not stop them charging off, they wanted several hundred to stop that.

    The other, I'm not sure. I owe substantially less, and I have sent them small payments to hopefully stop judgements.

    So, I'm sorry to say, that in this digital age, I do not have records of all these accounts. I have moved a few times, had been saving statements for years and never needed them, I just got sick of shuffling paper so I began to toss them out.

    Questions:

    What do I need from whom to file BR?

    Dating how far back to I need them?

    If my account is in bad standing, will they give them to me willingly or does my lawyer need to request them and make them give me the records?

    Will the credit card company know right away that I'm filing BR? Do I care? Is that information I should try to keep from them until I file?

    If I stop making payments to all, and to the collectors, when will a judgement against me happen (how soon)? Do I care? As in, does it muck up my Bankruptcy?

    That should do it for now.

    Thanks again BK

    Zeke

  • #2
    Most attorneys will simply run a tri-bureau credit report (Equifax, Experian, Trans Union) to obtain a list of your creditors. You then just list anyone and everyone you know for as many years as you can remember (period). There's no magic formula and, again, most just use their credit report to determine their creditors.

    There is also no way to tell when, or even "if" a creditor would pursue more aggressive collections, such as filing a lawsuit to obtain a judgment. There is just no way to tell.

    I am starting to believe that you are overthinking this. Thousands of people file every single day. The process is pretty much mechanical and attorneys know exactly what types of information to collect from you and what types of information to collect from credit bureaus. (If you owe for checking accounts or bank accounts, you may want to also run a ChexSystems report as well.)

    If you file a no-asset Chapter 7, every debt that you had prior to file is discharged; whether or not that debt is listed (scheduled). It is in your best interest, however, to examine your credit report(s) and list every creditor that you can think of just so that they are on notice.
    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
      When I filed my Chapter 13, the attorney already had the addresses of the creditors to be notified. I pretty much guessed at the amounts, and the true amounts were provided when a creditor filed a proof of claim. And the court also had the addresses to notify the creditors (both mailing and electronic).

      I'm thinking it's probably in the software they use - they get that from the court I guess.

      But yes, put down everything you can think of.

      Comment


      • #4
        Howdy,

        Could be overthinking, but I think you misunderstood the question.

        My use of "records" could be the reason.

        I meant statements for current accounts.

        I had read that you should have 2 years if statements prior to filing....

        I don't, so I guess, is it important, and should I try to get them before my consult?

        Thanks.

        Comment


        • #5
          You do not need statements prior to filing. I don't know where you read that. This is what led me to conclude that you may be overthinking what is necessary to file.

          I have never personally read any single case where a Trustee has asked for records for creditor accounts which amount to 2 years. In fact, I have never read a single case where the Trustee, Chapter 7 or Chapter 13, has requested any statements other than bank statements. In the case of bank statements, it is typically Chapter 7s and it is to determine what sort of transfers (in and out) were passed through your accounts. If a Trustee were to ask for these banking records, it would probably only be 1 year worth unless they are suspecting you of hiding something.

          So, you are overthinking. The steps are quite simple. You interview several attorneys. Select one that you feel makes you comfortable. Then the attorney will tell you what s/he needs to prepare your case.
          Last edited by justbroke; 05-07-2014, 02:10 PM.
          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

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