Hello. I am sure I saw these questions in my many months lurking, but I had no luck finding them today.
I am getting divorced. I met with some BK attorneys and divorce attorneys several months ago. (We made one more reconciliation attempt which is why there is a time gap here). Now I have retained the divorce atty and filed the petition and know which BK atty to go with. I will have to do a Chapter 13 and my husband will be able to do a 7. The attorneys can work together and the BK attorney had told me that we did not have to wait for the judgment to be entered to get going on the bks. Our divorce is basically no asset. We own a house which has no equity which I plan to keep.
Our finances are still minged--he actually has direct depost and I pay all our bills and give him money to live on. We are in the negative each month and I tapped out what little we had saved. We were told not to change banks/get separate accounts until the preliminary divorce hearing but pretty soon I will have to fall behind on some bills and I don't know the date of the hearing yet--should be within 30 days. We should get our stimulas check in the next week according to the letter and will still need a little more money to pay for both bks and it looks like my company is about to merge. I am looking at basically a new job, bk and divorce at the same time.
My questions are:
1. We bank with Chase and owe them for several credit cards. I know they do not have cross-collateralization, but if we fail to make a payment on one of their cards, can they raid our bank account?
2. I pay most of my credit cards online through each credt card website. Can they make an unauthorized withdrawal from my account if I am late on a a payment? I know it is better to just change banks before missing payments but I may have an overlap here due to lack of funds before our divorce hearing. I may have to miss a payment or two just because my backup $ is gone, not even counting getting the money together for lawyer.
3. One of the things I am most trying to avoid is a lot of collection calls at work since I may be at a new job soon and my old number may be forwarded there. My thinking was that if I retained the lawyer sooner rather than later, I could give them his number and they would stop calling me. Some folks here were kind enough to answer part of this before and said the calls would not be too bad after 1 month and that if I called them back, the calls at work would not get too bad. Should I wait a month or two to get the lawyer and make sure my $ is at another bank, or pull out all the stops to retain the lawyer to assure that I don't get too many calls at work--which means stop paying everything right away before changing banks? The timing is what is confusing me at this point. I didn't really get into detail with him about a payment plan--he wants $1,000 down for me and $1,300 for the Chapter 7.
Any advice would be appreciated. This is a great forum. I have been over-thinking this too long. Thanks.
Web66
I am getting divorced. I met with some BK attorneys and divorce attorneys several months ago. (We made one more reconciliation attempt which is why there is a time gap here). Now I have retained the divorce atty and filed the petition and know which BK atty to go with. I will have to do a Chapter 13 and my husband will be able to do a 7. The attorneys can work together and the BK attorney had told me that we did not have to wait for the judgment to be entered to get going on the bks. Our divorce is basically no asset. We own a house which has no equity which I plan to keep.
Our finances are still minged--he actually has direct depost and I pay all our bills and give him money to live on. We are in the negative each month and I tapped out what little we had saved. We were told not to change banks/get separate accounts until the preliminary divorce hearing but pretty soon I will have to fall behind on some bills and I don't know the date of the hearing yet--should be within 30 days. We should get our stimulas check in the next week according to the letter and will still need a little more money to pay for both bks and it looks like my company is about to merge. I am looking at basically a new job, bk and divorce at the same time.
My questions are:
1. We bank with Chase and owe them for several credit cards. I know they do not have cross-collateralization, but if we fail to make a payment on one of their cards, can they raid our bank account?
2. I pay most of my credit cards online through each credt card website. Can they make an unauthorized withdrawal from my account if I am late on a a payment? I know it is better to just change banks before missing payments but I may have an overlap here due to lack of funds before our divorce hearing. I may have to miss a payment or two just because my backup $ is gone, not even counting getting the money together for lawyer.
3. One of the things I am most trying to avoid is a lot of collection calls at work since I may be at a new job soon and my old number may be forwarded there. My thinking was that if I retained the lawyer sooner rather than later, I could give them his number and they would stop calling me. Some folks here were kind enough to answer part of this before and said the calls would not be too bad after 1 month and that if I called them back, the calls at work would not get too bad. Should I wait a month or two to get the lawyer and make sure my $ is at another bank, or pull out all the stops to retain the lawyer to assure that I don't get too many calls at work--which means stop paying everything right away before changing banks? The timing is what is confusing me at this point. I didn't really get into detail with him about a payment plan--he wants $1,000 down for me and $1,300 for the Chapter 7.
Any advice would be appreciated. This is a great forum. I have been over-thinking this too long. Thanks.
Web66


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