Notice of no asset???

[tommy463]

Is there a difference between the "notice of no asset case" and being declared no asset?

Is so, my "notice" was filed the day after my hearing...what is going on now????

Wow, I am soooo thankfull for this forum!

[keepmine]

You wait 60 days-that's what's going on.
Creditors lose no rights by not showing up at the 341 meeting. They have 60 days from the date of the 341 to file written objections. That's very rare. After 60 days and no objections you'll be discharged.

[ann1073]

You wait 60 days-that's what's going on.
Creditors lose no rights by not showing up at the 341 meeting. They have 60 days from the date of the 341 to file written objections. That's very rare. After 60 days and no objections you'll be discharged.

Has anyone had creditors file an objection? I am getting hit very hard by American Express right now. Spoke with the "attorney's office" they transfered it to yesterday and she said I had until 4:30 yesterday to get back to them to work out a payment plan. I asked what happened if I couldn't pay what they wanted or I didn't call and she said "I can't give you legal advice." Told her I wasn't asking for advice, just procedure. She then said that she couldn't tell me, it wasn't in her job description. Hmmm. Before the case was transferred to them, they had a collection company calling - the first guy was a jerk, but he wasn't harrassing. The last person that called was a total witch. When I told her that I couldn't afford to make any payments she snapped back with "Well you paid Home Depot this month, you paid Discover, you paid Old Navy....." I told her the call was over and hung up.

Anyway, for anyone who has had a creditor object, who was it and what was the outcome?

Thanks!!

[ejny65]

ann1073, most people who are preparing to file BK do not even answer those collection calls. I have turned off my phone's ringer because at this point it is ringing non-stop and I mean non stop. and then there are letters, nice ones asking to call them and they will remove the late fees and work a plan(yeah right!) and scary ones which says they will take my kids' bedroom set.
I don't know where in the process of BK you are, but I wouldn't talk to them.

[ann1073]

I don't know where in the process of BK you are, but I wouldn't talk to them.

The only thing that worries me about not taking the calls is that they will start contacting relatives. I don't mind answering the phone, and if I'm up to it, I just tell them I don't have any money right now and don't know when I will. If I don't feel like dealing with them, when they ask for me, I just say she's not here and take a message.

We've talked with attorneys, given the one we're going to use all our paperwork, done the on-line counciling and are just waiting to be able to pay her so we can file. She requires the entire fee up-front. In the last couple days I've been researching filing pro se just to get it done... I'm looking at the NOLO book and Legalforms.com.

[keepmine]

Ann,

Don't get into a converstaion with them. If you must answer the phone, just say you can't pay and hangup. They deal with this hundreds of times a day. They're experts at trying to haggle money out of people. Intimidation is a tool they use. They can't hurt you if you refuse to play along.

[ann1073]

Ann,

They can't hurt you if you refuse to play along.

Good advice!!! Thanks!

[tommy463]

Ann---if you have retained your BK atty, just answer and tell them you retained the atty and provide the atty name and nmbr. This way, they can not call you any more. If you just never answer, eventually they will likely call your neighbors and family if they get aggressive. Just some thoughts! Hope it helps.

Does anyone know the ansswer on the "notice of no asset" being the same as declared no asset? On pacer, it lists "notice" and I am trying to find out if that means declared or they are still checking...as it is just a notice?

[lrprn]

Ann---if you have retained your BK atty, just answer and tell them you retained the atty and provide the atty name and nmbr. This way, they can not call you any more.

Unfortunately the creditors and collectors can continue to call if they wish until you provide an actual bankruptcy case number. However, most creditors will at least not call as often if you refer them to your attorney before you file.

Does anyone know the ansswer on the "notice of no asset" being the same as declared no asset? On pacer, it lists "notice" and I am trying to find out if that means declared or they are still checking...as it is just a notice?

They both mean the same - one's just legalese

[jp2861]

Ann,

Don't get into a converstaion with them. If you must answer the phone, just say you can't pay and hangup. They deal with this hundreds of times a day. They're experts at trying to haggle money out of people. Intimidation is a tool they use. They can't hurt you if you refuse to play along.

I disagree. Running and hiding does nothing. The worst thing to do is hide and keep yourself in the dark. I still don't know why people keep suggesting to hide. Why would someone choose to hide out when the end result is only to have the caller call half the town trying to find you. Answer the call! At least you'll have an idea of what they're up.

[keepmine]

In this instance, she's not running and hiding. She's answering the phone and engaging with them and getting intimidated.

[ann1073]

In this instance, she's not running and hiding. She's answering the phone and engaging with them and getting intimidated.

no, they don't intimidate me - i just tell them i don't have the funds to pay them. i actually find it, i guess amusing for lack of a better word, to compare different collection practices. CapOne calls for my husband about 5 times a day, it's usually someone from another country and when I say he's not here, they just say thank you. AmExpress are just jerks. My credit union keeps telling me that they can just take the payment owed out of my checking account, which they can and have, but you have to have money in there to take it.... we've changed banks, moved DH's direct deposit and I'm just waiting on one small check to clear before I actually close the account. So, I always just say, yes, I understand, but I don't have the money to pay you.

I've seen shows like 20/20 do reports on collectors and their collection practices, and aside from AmExpress, everyone I've talked to and dealt with has been pretty tame.

[epiphany]

no, they don't intimidate me - i just tell them i don't have the funds to pay them. i actually find it, i guess amusing for lack of a better word, to compare different collection practices. CapOne calls for my husband about 5 times a day, it's usually someone from another country and when I say he's not here, they just say thank you. AmExpress are just jerks. My credit union keeps telling me that they can just take the payment owed out of my checking account, which they can and have, but you have to have money in there to take it.... we've changed banks, moved DH's direct deposit and I'm just waiting on one small check to clear before I actually close the account. So, I always just say, yes, I understand, but I don't have the money to pay you.

I've seen shows like 20/20 do reports on collectors and their collection practices, and aside from AmExpress, everyone I've talked to and dealt with has been pretty tame.

Ann, do you have your heart set on that attorney? Can you shop around? Many attorneys will take a retainer, put you on payment plan and immediately start fielding phone calls for you. Just a thought.

ep

[JRScott]

Ann I'd set up an answering machine. As long as it clearly identifies you so they know they got the right number they shouldn't bother your relatives.

It largely depends on your area, but in many areas, even if they started the process today it would be 30 days before you were served with the first notice, usually a notice to determine indebtedness. You then have approximately 30 days to respond to it. Even at that point they'd only establish that you owe the debt. They'd have to take additional measures to collect which depending on jurisdiction can take a couple of weeks to up to 3 more months.

[ann1073]

Ann, do you have your heart set on that attorney? Can you shop around? Many attorneys will take a retainer, put you on payment plan and immediately start fielding phone calls for you. Just a thought.

ep

That's what I'm going to do. I've called Legal Aid Services, they are supposed to get back to me this week and I'm going to make appointments with two or three other attorneys and see what they say.