My husband and I plan to start bk process sometime this month because of about 9,000 in credit cards, about 15,000 for a repo, and we are 2 months behind on the mortgage. I was served with papers because my credit card company is trying to garnish my wages. The papers said that I have 30 days from date of being served to respond. We want to get the ball rolling on the bk like this week, but I see now you have to take a credit counseling class before you file. My question is, is it possible to go ahead and start bk process and then take the class? Or will I have to take the class first?
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Last edited by peaches37; 12-07-2008, 08:44 AM. -
I think you have to take the preliminary “class” first. It really isn’t counseling as much as it is questioning you and suggesting bk7 or 13. You sound to me like you could pull off a 13 with no problems. By all means ANSWER THAT SUIT or you will have more difficulties. You don’t want a Judgment. The first class is about 30 bucks in our area, and you can do the Course online and both at no extra charge for about 35. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010. -
Peaches, I was in the same situation as you are - $4800 in credit cards, $9000 to the IRS and I was served for $15,000 on a car that was repo'd 3 years ago. I had 20 days to respond. I saw an attorney and his advice to me was - there is no sense in responding unless you can prove this isn't your debt. If I can't prove it, they will get a judgement on me if I show up or if I don't show up. To avoid wage garnishment and a judgement, I filed Chapter 13 BEFORE my court date.
The counseling is done on line and has to be done before you file. It takes about a hour and you do it when you want to. Once I was done with the counseling on line, I had to make a call to the company. They just asked a few questions, made a few suggestions and that was it. The total time involved is under 90 minutes. Quite honestly, it was a joke to me and just another way for companies to make $50 from us already struggling.
My advice to you would be - file BK BEFORE your court date or you then have a judgement against you. From what I was told, the judgement stays until your Chapter 13 plan is completed.Filed 11/01/08
341 12/03/08
7 payments down - 53 to goComment
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Stop paying your credit cards.
Take the class, it took us about 30 minutes.
File for bankruptcy as soon as you can.Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17Comment
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