Brand new. Filing in MA. I have questions...

[Spagal]

Met with an atty on 12/30.

Explained my situation and was told to review my spending for prior 3 months. I hadn't planned on filling BK and was just checking out my options. I obviously used my cards during the holidays (Oct - Dec). I am not late on anything yet but had a problem with Citi raising my rate to 29.99% because I missed a notice that said they were doing this unless I closed the account and opted out. Needless to say I cannot afford the new payment and once I miss it I am terrified that "universal default" will kick in on all my cards.

So atty advised my to change my banks since I was making direct debits from my checking to pay these cards and that they might try to debit the account even after I revoke the authority.

Is this true????

Also, I took out a chunk of savings in December to pay for gifts etc.

Since I didn't plan on filing at the time I spent the money.

How long should I wait to file? 90 days? or more?

Atty said 90 days bank statements, credit cards and 60 days pay statements. Also said I could exempt 20,000 in assets. I don't own anything except for basics and an old dodge truck with blown tranny (its a 98 with 190K on it)...I aslo have a new car with note on it that I haven't been late on.

What to do in this situation? I do not want to be labeled with any type of fraud. The atty was real non chalant, and seemed to think the ttee would not dig to deep into anything.

I have about 65K in credit card debt, 20K student loands and 16k car note.

I plan on reaffirming the car, and of course the fed student loans will have to stay.

What next? I am living on cash only but I am nervous about my behaviors prior to the meeting with the atty.

[jribe]

you'll want to close that checking ASAP- because creditors have your bank info and will likely continue to debit it; even if you tell them not to.

If you don't owe that bank anything- you can just open a new account with them.

You could wait safetly 90 days most likey and then file. You just want a little time between the purchases.

good luck

Met with an atty on 12/30.

Explained my situation and was told to review my spending for prior 3 months. I hadn't planned on filling BK and was just checking out my options. I obviously used my cards during the holidays (Oct - Dec). I am not late on anything yet but had a problem with Citi raising my rate to 29.99% because I missed a notice that said they were doing this unless I closed the account and opted out. Needless to say I cannot afford the new payment and once I miss it I am terrified that "universal default" will kick in on all my cards.

So atty advised my to change my banks since I was making direct debits from my checking to pay these cards and that they might try to debit the account even after I revoke the authority.

Is this true????

Also, I took out a chunk of savings in December to pay for gifts etc.

Since I didn't plan on filing at the time I spent the money.

How long should I wait to file? 90 days? or more?

Atty said 90 days bank statements, credit cards and 60 days pay statements. Also said I could exempt 20,000 in assets. I don't own anything except for basics and an old dodge truck with blown tranny (its a 98 with 190K on it)...I aslo have a new car with note on it that I haven't been late on.

What to do in this situation? I do not want to be labeled with any type of fraud. The atty was real non chalant, and seemed to think the ttee would not dig to deep into anything.

I have about 65K in credit card debt, 20K student loands and 16k car note.

I plan on reaffirming the car, and of course the fed student loans will have to stay.

What next? I am living on cash only but I am nervous about my behaviors prior to the meeting with the atty.

[Spagal]

Thank you. I am just nervous and not really sure what to expect. I trust the lawyer and since he does this every day its not a big deal to him but it is to me.

I will wait the 90 days to try and file. I am in no rush yet but I am sure creditors will start calling if I begin to miss payments...will change banks and maybe my phone number too.

[creditguy]

If you have caller ID on your phone there is really no need to change your phone number unless you really just want to. Just don't answer it if it is a number outside your area code, private or one you don't recognize.

I had perfect credit like you before I filed. Once I decided not to pay anymore I just did not pick up the phone until I was ready to tell the creditors that I have filed Ch 7. After telling them there were no more calls.

[LimpDisc]

Not answering your phone will probably cause the creditors to do just about anything to locate you. They will call friends, relatives, neighbors and employers. If you don't care who the creditors might call don't answer the phone.

We only answered calls in the beginning just so they could verify our contact information.

[creditguy]

"Not answering your phone will probably cause the creditors to do just about anything to locate you. They will call friends, relatives, neighbors and employers. If you don't care who the creditors might call don't answer the phone. "

LOL! How do they do that? Is there a question on your credit application that asks for friends, relatives and neighbors?
They might call an employer looking for you but once they find you if you tell them to not contact you there anymore they can't. Besides, we are only talking about a month or two here. Now a collection company might start using such tactics bu I have never heard of a credit card company doing so....especially if you are only a couple of months late.
Another option if you don't like this one is to just answer the phone and give them your lawyer's name and phone number and tell the creditor you will be filing soon but do not have a case number yet.

BTW...the creditors can usuallly locate you through the mail.

[Spagal]

Oh I am sure they can locate me by mail.

If I send them registered letters that state that I do not want phone contact, written only will that suffice?

I do not want them calling my family members...or worse my former in laws.

And yes, we are talking about 3 months. I plan on filing as soon as I get my tax return and have a few things fall out of the 90 day window...

[LimpDisc]

"Not answering your phone will probably cause the creditors to do just about anything to locate you. They will call friends, relatives, neighbors and employers. If you don't care who the creditors might call don't answer the phone. "

LOL! How do they do that? Is there a question on your credit application that asks for friends, relatives and neighbors?
They might call an employer looking for you but once they find you if you tell them to not contact you there anymore they can't. Besides, we are only talking about a month or two here. Now a collection company might start using such tactics bu I have never heard of a credit card company doing so....especially if you are only a couple of months late.
Another option if you don't like this one is to just answer the phone and give them your lawyer's name and phone number and tell the creditor you will be filing soon but do not have a case number yet.

BTW...the creditors can usuallly locate you through the mail.

LOL. Why did I put friends?

Simply do a people search from one of many sites on the web. It will come back with a list of possible family members. No different if you enter an address.

[creditguy]

"If I send them registered letters that state that I do not want phone contact, written only will that suffice?

I do not want them calling my family members...or worse my former in laws."

I don't think you need to bother sending registered letters. If you change phone numbers that would have the same effect as not answering the phone.

Do your creditors know who your family members, friends or neighbors are? Mine didn't. You need to remember that the creditor trying to hunt you down by phone has thousands of other calls to make.....do you really think he has time to Google your friends, neighbors and relatives within 3 months of you becoming deliquent?

[creditguy]

"Simply do a people search from one of many sites on the web. It will come back with a list of possible family members. No different if you enter an address. "

Try to do one on "Smith" , "Jones", "Kaplan", "Hall" or some similar search and see how long it takes to find your deadbeat debtor !

[Spagal]

Sadly I have a very unique name. I googled myself and only I came up.

What search engines are you talking about that could give my relatives names?

The only relatives that I think could be involved in the application process woudl have been my ex-husband....we now have different last names and obviously do not live together.

[LimpDisc]

creditguy -

You have never filled out a credit application that asks for the nearest friend or relative?

If the OP doesn't want his family or former in laws to be contacted, I'd answer the phone to verify contact information. No harm done in answering to first call to verify contact information.

Search this forum and you will find members that had family, employers and neighbors contacted. Not sure if it was always a CA or the original creditor, but it does happen.

[LimpDisc]

Sadly I have a very unique name. I googled myself and only I came up.

What search engines are you talking about that could give my relatives names?

The only relatives that I think could be involved in the application process woudl have been my ex-husband....we now have different last names and obviously do not live together.

This website lists the names of my immediate family and their ages. Also lists 3 former sister in laws and ages. All accurate

Also can provide previous address, phone numbers, email address and so on for a fee.

http://www.peoplefinders.com/

[Spagal]

I just checked myself and sure enough, a dead uncle, my mother and all of my former in laws that do not share my name...

How do you get yourself removed from these databases? Some nutjob stalker could easily locate someone with this

[LimpDisc]

I just checked myself and sure enough, a dead uncle, my mother and all of my former in laws that do not share my name...

How do you get yourself removed from these databases? Some nutjob stalker could easily locate someone with this

Can't answer that question. I would guess that there is no way to remove your name from these databases.