top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Questions about Listing Creditors on Petition

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

    Questions about Listing Creditors on Petition

    Hi all,
    I'm new to the forum and have been browsing all morning. Some quick background on myself, I have recently finished reading the NOLO book on filing Chapter 7 after considering filing bankruptcy. I plan on filing pro se because I have a fairly straight forward case. None of my debts are business-related, I do not own a home or car, I do not have any savings, I have a retirement account from when I was employeed with less than $2000 in it, I am low income after being laid off in 2011, I have about 30K (originally 10k plus fees, etc.) in dischargeable debt, and I expect that all of my property would be covered by exemptions.

    I had considered filing in the past, but ultimately decided to try and pay off my debts with a payment plan. It was more than I could handle so I ceased paying on everything except my student loans, rent, phone, utilities, and daily needs in 2008. I have been lucky until now that no creditors or collections have come after me with a civil suit. I now have a creditor threatening me with a civil suit and say they will pursue a judgement against me to garnish my wages (a couple of months shy of when the debt would no longer be collectable). I make minimum wage at this point and any garnishment would probably push me into homelessness. I think that this is a very good opportunity for me to file for bankruptcy because of my low income status (I fall within 150% of the poverty line) and my clear inability to pay these debts, I can barely pay for day to day life.

    Most of the process seems very clear to me. I have gotten all three of my credit reports. I am working on a list of my property. I just want to make sure that I am very thorough in Schedule E. How have others dealt with piecing together their list of creditors and collectors? Because of shame and avoidance related to this debt, which I am sure a lot of posters here can relate to, I have thrown out most of the correspondence I've received about these debts. (I definitely know how bad of an idea this was.)

    So what did/do you do? Contact the original creditor and ask what collection agency the debt was sold to? Contact the collection agency to see if they sold it to anyone else? I will be hanging on to any correspondence from creditors I receive from now on, for sure.

    I tried to find a similar thread about this subject, but wasn't able to find anything. My apologies if this is something that has already been covered extensively.

    #2
    Just list the orginal creditor. If you know the collection agency list them as well but, I'd not go to any real trouble to track down 3rd party collectors. The OC is all you need.

    Comment


      #3
      Thank you! That's very helpful.

      In terms of the amount of the unsecured claims for creditors, I am doing my best to find the accurate amount of each claim, but if a discharge comes through and the amount of the claim is different than what I put on the schedule will there be an issue? Say I find that the amount of claim is $900 and the creditor says that it is $950, will $900 be discharged leaving me responsible for $50? Or when an account is discharged the whole thing is taken care of?

      Comment


        #4
        Just be sure you list the proper creditor and just do the best you can on the amount. The total debt will be discharge.

        Prehaps post future questions in the pro se forum or the General Bk forum. This sticky is from long ago and just some thoughts about preplanning. Not for anwering general questions.

        Comment


          #5
          Welcome to bkforum, kdc!

          Keepmine is right that your question is better suited the pro-se forum. It's more a "how to" question than a planning question. I've moved your posts and keepmine's excellent answers to a new thread.
          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
            My attorney listed the amounts for the original creditor, which was easy to find, however, for any subsequent collection agency or JDB, they were all listed with a zero (0) as a place holder. I had a whole bunch of zeros.

            Comment


              #7
              Thanks everyone!

              The more I work on it, the more I research, the more I am sure that I can successfully put together a pro se filing.

              Comment


                #8
                welcome!

                i also wanted to mention it's VERY important to get the correct address so the creditors are notified properly. if you don't know the amount of debt, you can simply reply "unknown". we listed everyone and their mother and there mother's mother! even if we felt we didn't owe anything, just to make certain.

                some say it doesn't matter, while others like myself, do believe that all creditors are by statue of the bk codes are supposed to be informed of the filing.
                8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                Comment


                  #9
                  Originally posted by Pjmax View Post
                  My attorney listed the amounts for the original creditor, which was easy to find, however, for any subsequent collection agency or JDB, they were all listed with a zero (0) as a place holder. I had a whole bunch of zeros.
                  I just looked up my filing to answer on another of your posts, and I have to correct my above post. The place-holders were $1.00, not 0. Sorry for the inaccuracy.

                  Comment

                  bottom Ad Widget

                  Collapse
                  Working...
                  X