Cell phones

[dogbone33]

If I add my cell phone bill in the bk will they shut off my service? My lawyer told me we need EVERYTHING but I forgot to add that on my list. We owe like 300 and they are threatening to shut off, I can't pay the full amount till next Friday. I remember her saying she can interrupt shut offs but I didn't know if that included cell phones. We have no home phone?

[StartingOver08]

Just now going thru something similar with Verizon. I added them to my matrix even though I was current. They moved me into the BK dept. I have 60days from the filing date to 'reaffirm' my contract. They do a negative type reaffirmation - in other words, if you continue to pay for 60 days afer the filing they put you right back on your contract terms automatically (according to Verizon anyway!). However, if I want to not continue I need to notify them through the BK attorney before my 60 days is up.

I did not have a balance, but we discussed the fact that if I had a balance, then they would have had to discharge it. So you can put the cell phone co on your matrix for the past due amount and continue to pay the post-petition charges if you want to keep your service. Check the bk dept of your cell phone company for details (and ask your attny).

[cool33097]

Yes, if you include them in your matrix and do not pay, they will shut off. I never included mine. I include in the expensive area,with water, eletricity, etc

[magyar123]

Yes, if you include them in your matrix and do not pay, they will shut off. I never included mine. I include in the expensive area,with water, eletricity, etc

That's what I did too - included my cell phones - was also responsible for my adult daughter's (who did not live with me anymore) cell phone as part of my household expenses and did not include the cell phones in my filing.

[applecake]

OK, let me ask this...we have a big balance on our cell phones and they're about to shut them off. If we include the cell phone bill/contract in our list of creditors, can it be discharged and will we be able to get out of the contract without those early termination fees? Or will those fees just be discharged like everything else?

We want to switch to a much cheaper pay-as-you-go plan but haven't been able to get out of our Verizon contract. Could we do this through BK???

Cell phones are the least of my problems right now but it would be one less headache to deal with...

[justbroke]

We want to switch to a much cheaper pay-as-you-go plan but haven't been able to get out of our Verizon contract. Could we do this through BK???

Yep, it will be discharged. You will have no contract any longer.

[applecake]

wow, that is so great. I had no idea. this will really help!

[justbroke]

wow, that is so great. I had no idea. this will really help!

Your lawyer may need to file a Motion to Reject Executory Contract with Verizon.

However, all Executory Contracts and Leases are deemed rejected after 60-days of the filing of a petition in a Chapter 7 or entry of an Order of Confirmation in a Chapter 13. (11 USC 365(d)).

You should definitely list the debt and (if Chapter 7), in your Statement of Intentions, state that you will reject the contract. In a Chapter 13, you can reject it as part of your Plan. (This may vary by District.)

[bkchap7filer]

I didn't include my cell phone contract in my bk as I didn't want it mixed up in that. I am current on it...am I the only one that didn't include it?

[justbroke]

I didn't include my cell phone contract in my bk as I didn't want it mixed up in that. I am current on it...am I the only one that didn't include it?

I didn't include mine either.

[Mi Bankruptcy]

We included ours. We are behind right now.. However, we will get it caught up on Friday.

[dogbone33]

I will get caught up Friday when I get my paycheck, but our Lawyer said everything. We go see her tomorrow to file so I will ask again. I want to keep our contract so maybe she won't include them but will call them and tell them we will be paying it? Who knows!

[AfraidOfBK]

If I am current on my cell phone bill, but already switched to a diferent carrier (we moved) can we include the early termination fees (for two phones) in our ch 7? If I can, then I will nt even pay the last bill (its a little tight now anyway) so that would save me a bit. is this allowed? I am canceling sprint early (before contract end date).

[mike258]

If I am current on my cell phone bill, but already switched to a diferent carrier (we moved) can we include the early termination fees (for two phones) in our ch 7? If I can, then I will nt even pay the last bill (its a little tight now anyway) so that would save me a bit. is this allowed? I am canceling sprint early (before contract end date).

Make sure you cancel your account and get billed the early termination fees before you file chapter 7. Then include everything you owe in your petition. I did it, it was a piece of cake.

[lifelesson]

we listed our cell phones under phone expenes but never in the we can't pay. I am at the point of needing to renew the contract and wonder (fear) if they will allow us to renew with them. Been with them for over 10 years and was current and is current.