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Newbie filing BK, have some concerns

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    Newbie filing BK, have some concerns

    Hello, I am new here to this site. I filed for BK on 2/15/07 and had my 341 meeting yesterday and awaiting my discharge. This has been a very stressful event.

    I have a couple of concerns. First, is it too early to check my status on PACER or should I wait awhile?

    Second, I understand you cannot open up any accounts, but what about renting stuff from Rent-A-Center places. I heard that these are exempt because this is rental property.

    Lastly, I just found out that one of my creditors debited my account for a fee AFTER filing BK. I am filing a lawsuit against them (its a payday company). Does anyone know how long does it take and how much compensation does one get?

    I tell you I am glad I went through this process because these bill collectors and payday loan companies are brutal people who care about the almighty dollar.

    Thanks for your thoughts and happy to be on this forum to share our experiences with this embarassing and stressful matter.

    #2
    Only check Pacer about once a week......... and just look at the history/documents section to save you money on Pacer..... If nothing new have been filed then there's no reason to open all the documents up and read them again..... you only want to look at the ones your haven't seen.

    Most everything you will get a copy in the mail anyways.......

    So be patient, it may take Pacer a day or two to get things posted involving your BK.........

    You said a payday loan company withdrew fees from your account after filing BK........

    A lawsuit against them probably will not be worthwhile and more expensive then you want to spend.

    You need to open a new checking account and leave no funds in the other but a couple of dollars........ your attorney should have told you about this...

    This way they have no access to any checking account any longer.........

    Keep us posted and notice if they may a withdrawl again........ then you really do have a good lawsuit.....

    Minny
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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      #3
      You could probably sue the payday loan company in the bankruptcy court for a violation of automatic stay. Not only would you be able to get your money back and your attorney's fees paid, you might also be able to get punitive damages. Best of all, if I'm not mistaken, there are no filing fees for motions and adversary proceedings brought on by debtors and trustees in the bankruptcy court.
      DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.

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