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    CC and their actions

    Hi everyone. I have a question and appreciate your inputs. I need to wait to file about 6 months, because until a month ago my income was fine, but I have lost many account in business. On the other hand now I cant even make payment to my CC, and Discover has started calling 10X a day, which I dont take the calls. Now my question... Can they act and take me to court sooner than next six months? What is the time line of the CC companies sueing debtor? what happens if I file after their legal action Thanks.
    I am NOT an attorney, anything I say here is not a legal advice.

    #2
    Can't really say for sure what the timeline will be......guess it depends on how busy the court is in your district. However, once you file, any legal actions or garnishments should cease.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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      #3
      I owe chase a lot of money and I have heard they are the worst, I think I owe them about $30K in CCdebit

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        #4
        There really isn't any timeline, they all do things differently. Even if you waited the 6 months, it would probably be around that time when they start getting really nasty with you anyway. Then you can always drag it out with debt verification letters to but a little time. If push comes to shove, put a lawyer on retainer and make payments until you're ready to file. If they start busting your chops you can legitimately tell them you plan to file and give them the attorney's contact information. That may slow them down.

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          #5
          Originally posted by ejny65 View Post
          Hi everyone. I have a question and appreciate your inputs. I need to wait to file about 6 months, because until a month ago my income was fine, but I have lost many account in business. On the other hand now I cant even make payment to my CC, and Discover has started calling 10X a day, which I dont take the calls. Now my question... Can they act and take me to court sooner than next six months? What is the time line of the CC companies sueing debtor? what happens if I file after their legal action Thanks.
          It's not what we have in our lives, but who we have in our lives and the quality of those relationships.

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            #6
            I find it sort of funny about the creditors who have called me and such..Oh, they have said they are "Considering legal action" but when push comes to shove, I have doubts they'll do anything BUT that.

            I guess it is partially due to me saying "Go ahead and sue, after you have filed, then I'll file and you wasted more money!"

            Right now, I'm reading that revised Bankruptcy manual (Kudos to that lawyer, I'd sure like to get 49 other lawyers to offer their services on this forum) and from what I have seen, looks like Ch 13 is more likely, but that's not a worry due to expanding my expenses for awhile.

            Also, using the local library computer isin't my idea of fun, after all, when you're used to "Anytime/access" being allowed 1 hour per day really crimps the searching and such.

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              #7
              I've made it through nearly six months with most of my creditors and I've gone ahead and talked with them on the phone despite everyone saying I shouldn't. It takes some thick skin and the ability to think on your feet because some of the Collection Agencies try to get me to say things they can use against me.

              In the beginning we were counting the days until recent charges fell outside the 90 Day window and we were sweating every minute. Looking back, the calls haven't been as bad as I expected and the time has gone kind of fast. The whole system is setup to make you worry and put pressure on you but it's mostly just a show.

              We've used the time to change our spending habits and it has been a real struggle to change. We've kept immaculate records that'll help us when we file and we also know what our true living expenses and we've learned how to budget and balance our income and expenses.
              Discharged November 2008 100 days after filing no-asset Chapter 7. We intended to let a two-year-old vehicle go back to the bank and reaffirm an inexpensive ten-year-old SUV and our home mortgage. In the end we surrendered ALL of our vehicles and reaffirmed NOTHING. We'll "ride through" our mortgage after the court ruled it an undue hardship.

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