I've been a long time lurker on this site, and can't thank eveyone enough for the enormous amount of valuable information I gathered while contemplating bankruptcy.
Like many, I was in great shape credit-wise until an unforseen medical issue and failed business (within 6 mos) pushed me over the edge. I had ALL of the issues I've seen here, including lawsuits (three active, Chase sued after 90 days, just an FYI), delinquent trust fund taxes and pending forclosure. Whew it's amazing how quickly that snowball takes effect.
I filed separately from my husband (who has his own financial issues to resolve later) at the beginning of May, completed the 341, financial management class, and was confirmed a week or so ago. VERY close to a nervous breakdown in March and April, but got it all done, and have made two of my 36 (I think) payments to date.
My husband and I had virtually NO income for the five months preceding the bankruptcy (due to the business), but have since secured full time jobs, which allowed us to enter the 13 in the first place. What a relief to be able to pay our bills every month, I became so used to that panicked feeling, I forgot how much easier things can be.
Well, here are some issues that I haven't been able to get clear answers from that I'm hoping someone here may know. First off, with the business (S-Corp, not that incorporating makes any difference really), there are many debts that are not my personal responsibility (no personal guarantee), that we had to list, but will dispute. Once the final tally is done on the amount of unsecured is complete (10% payoff), is there a possibility our plan will be paid off sooner, or will the creditors listed just get a higher percentage?
Second, my BFF's at Chase sued me very quickly (30% interest, combined two cards into one lawsuit). I hired a litigator, who was able to keep them at bay until we filed our Chapter 13 (May 1). My attorney (the litigator), sent them notice of the filing (May2), as did the bankruptcy court. Last week, July 3, I received a postcard calling me to arbitration over this same lawsuit in September. On July 2, a company B-Real LLC (from what I can tell a POS collection service that's part of NCO), filed two claims on behalf of Chase in my bankruptcy, and a couple others as well.
I see mulitple problems including automatic stay violation on Chase's behalf, and the possibility that these B-Real folks are not even authorized to collect the debt for Chase, since the arbitration is still active. I aksed my attorney if he'd like to make some extra money, and go fight them, and sue for his fees. He wasn't interested, oh well ;)
NOW the question, has anyone had experience with a collection service unauthorized to collect on an account get approved by the court? This company has filed several claims, and I'm concerned they're not authorized to do so.
Thanks in advance for any help.
Like many, I was in great shape credit-wise until an unforseen medical issue and failed business (within 6 mos) pushed me over the edge. I had ALL of the issues I've seen here, including lawsuits (three active, Chase sued after 90 days, just an FYI), delinquent trust fund taxes and pending forclosure. Whew it's amazing how quickly that snowball takes effect.
I filed separately from my husband (who has his own financial issues to resolve later) at the beginning of May, completed the 341, financial management class, and was confirmed a week or so ago. VERY close to a nervous breakdown in March and April, but got it all done, and have made two of my 36 (I think) payments to date.
My husband and I had virtually NO income for the five months preceding the bankruptcy (due to the business), but have since secured full time jobs, which allowed us to enter the 13 in the first place. What a relief to be able to pay our bills every month, I became so used to that panicked feeling, I forgot how much easier things can be.
Well, here are some issues that I haven't been able to get clear answers from that I'm hoping someone here may know. First off, with the business (S-Corp, not that incorporating makes any difference really), there are many debts that are not my personal responsibility (no personal guarantee), that we had to list, but will dispute. Once the final tally is done on the amount of unsecured is complete (10% payoff), is there a possibility our plan will be paid off sooner, or will the creditors listed just get a higher percentage?
Second, my BFF's at Chase sued me very quickly (30% interest, combined two cards into one lawsuit). I hired a litigator, who was able to keep them at bay until we filed our Chapter 13 (May 1). My attorney (the litigator), sent them notice of the filing (May2), as did the bankruptcy court. Last week, July 3, I received a postcard calling me to arbitration over this same lawsuit in September. On July 2, a company B-Real LLC (from what I can tell a POS collection service that's part of NCO), filed two claims on behalf of Chase in my bankruptcy, and a couple others as well.
I see mulitple problems including automatic stay violation on Chase's behalf, and the possibility that these B-Real folks are not even authorized to collect the debt for Chase, since the arbitration is still active. I aksed my attorney if he'd like to make some extra money, and go fight them, and sue for his fees. He wasn't interested, oh well ;)
NOW the question, has anyone had experience with a collection service unauthorized to collect on an account get approved by the court? This company has filed several claims, and I'm concerned they're not authorized to do so.
Thanks in advance for any help.