So here I am.

[epiphany]

I stopped paying my credit cards three months ago for the same reasons. The stressful days will be over and I also know there is no turning back. How far in this process are you? I worry that I'll get sued.

I filed in Los Angeles too. I was sued by HSBC before I filed. Lawyer told me not to worry about it but it took me awhile to pay him and then it took him a while to file so by the time I filed, they had gotten a default judgment. My lawyer dropped the ball, because I did let him know of the suit, but I really should have been more on top of him so I blame myself. It was easily discharged so the lawsuit was pretty painless.

I think I can still get them to vacate that judgment, but I am not sure if there is a time frame that I need to do that in--it has already been a year and four months. I needed a rest after my discharge and haven't wanted to think about it.

Just trying to let you know that you will get through it and it is not as bad a process as you think. You'll be much better off afterwards.

Best of luck to you,
ep

[NewPage]

I kept my part of the promise up by making my payments on time but when the banks decided to punish me by doubling all my interest rates because of the bad economy I decided enough was enough. I honestly could give a rat's ass if there is a bk on my record and I care even less that I will be into my 50's before it drops off!!! I am fully aware that it is going to be a tough go to get decent interest rates for a while. That is something I accept. What I wont accept or buy any longer is that my credit score defines who I am. Screw that. I want MY fresh start just like all the banks got when they got bailed out.

WE ALL make bad decisions but it does NOT make us bad people!!!!

[freeatlast98]

I filed in Los Angeles too. I was sued by HSBC before I filed. Lawyer told me not to worry about it but it took me awhile to pay him and then it took him a while to file so by the time I filed, they had gotten a default judgment. My lawyer dropped the ball, because I did let him know of the suit, but I really should have been more on top of him so I blame myself. It was easily discharged so the lawsuit was pretty painless.

I think I can still get them to vacate that judgment, but I am not sure if there is a time frame that I need to do that in--it has already been a year and four months. I needed a rest after my discharge and haven't wanted to think about it.

Just trying to let you know that you will get through it and it is not as bad a process as you think. You'll be much better off afterwards.

Best of luck to you,
ep

Hi EP,
Thank You for the response.
How long had you not paid HSBC before they sued you? What happens now that they have a judgment , does it get discharged in the BK? How far into the filing are you? I can't wait to be looking back at this time in my life. Somedays I think this will never be over.

[clink1833]

My opinion on filing

Hi jasoninaz.

As everyone has said here we all know how you feel and it will get better.

I don't see an update after your meeting with the attorney, how did it go? You mentioned that your wife is not working due to a medical issue. Is she still receiving medical care and therefore you are receiving more medical bills? If so I would strongly consider holding off on filing for as long as possible so these future debts can be discharged as well.

If you hold off you will obviously still get calls from collectors but you can stop that with the FDCPA. This doesn't apply to the original creditor but eventually they will be sending it to a collection agency. To avaoid the calls from creditors I used some features on my phone line to only allow numbers that I program to go through. Caller ID and a turned off ringer works too.

Check your states statues to see what is exempt from judgement collections. You may be judgement proof. Also if you are served by a collection agency make sure you answer the complaint and include affirmative defensive. A lot of time collection agencies serve the summons and complaint hoping there will not be a response from you and therefore they get a default judgement.

My reply is sorta all over the place, I hope it makes sense.

Hang in there and I hope your wife's health improves.

Colleen

[epiphany]

Hi EP,
Thank You for the response.
How long had you not paid HSBC before they sued you? What happens now that they have a judgment , does it get discharged in the BK? How far into the filing are you? I can't wait to be looking back at this time in my life. Somedays I think this will never be over.

Oh gosh, I think I had stopped paying them for all of six months. But I really need to say here that there is no rhyme or reason as to which creditor sues whom when. I owed them 3K and some people I had been talking to at the time owed them way more for way longer and never got sued. There's just no predicting. However, I had followed what I believe to be bad advice and had sent them a cease and desist letter (I don't remember exactly why--they may have called my work) so I probably pissed them off.

Once initiated, the whole suing process took about 4-5 months. The day I filed, the paralegal called HSBC's law firm/collectors and the firm actually tried to withdraw the suit but the judgment had already gone through. I knew it had already gone through. I had been watching my case on LA Superior Court's Website--that's how I know that.

It was EASILY discharged but remains on my permanent record. As I said I need to research how to get that judgment vacated (as if it never happened) or if I even still can. Not sure if I waited too long or not.

It's been about a year and four months since my discharge and things are really good, or they would be if the economy was better. But I have no debt and am so used to living without credit. I haven't even started to rebuild because I simply don't want credit at this time. My car might give out in the next few years though, so it may or may not be necessary then.

Side note: I knew that I was being sued before I was actually served because I had received something in the mail from some company saying that they could help me with my pending lawsuit. (There are vulture businesses who watch the creditor filings and try to profit from them.) It had a case number on it so I went to the LA Superior Court site and looked it up. I monitored it from there so I could see when additional paperwork had been filed etc....

It's scary but you'll get through it and come out so much better on the other side. If you have any questions specific to LA, don't hesitate to ask me through this thread or through PM. I will be happy to help if I can.

Best of luck to you,
ep

[freeatlast98]

Oh gosh, I think I had stopped paying them for all of six months. But I really need to say here that there is no rhyme or reason as to which creditor sues whom when. I owed them 3K and some people I had been talking to at the time owed them way more for way longer and never got sued. There's just no predicting. However, I had followed what I believe to be bad advice and had sent them a cease and desist letter (I don't remember exactly why--they may have called my work) so I probably pissed them off.

Once initiated, the whole suing process took about 4-5 months. The day I filed, the paralegal called HSBC's law firm/collectors and the firm actually tried to withdraw the suit but the judgment had already gone through. I knew it had already gone through. I had been watching my case on LA Superior Court's Website--that's how I know that.

It was EASILY discharged but remains on my permanent record. As I said I need to research how to get that judgment vacated (as if it never happened) or if I even still can. Not sure if I waited too long or not.

It's been about a year and four months since my discharge and things are really good, or they would be if the economy was better. But I have no debt and am so used to living without credit. I haven't even started to rebuild because I simply don't want credit at this time. My car might give out in the next few years though, so it may or may not be necessary then.

Side note: I knew that I was being sued before I was actually served because I had received something in the mail from some company saying that they could help me with my pending lawsuit. (There are vulture businesses who watch the creditor filings and try to profit from them.) It had a case number on it so I went to the LA Superior Court site and looked it up. I monitored it from there so I could see when additional paperwork had been filed etc....

It's scary but you'll get through it and come out so much better on the other side. If you have any questions specific to LA, don't hesitate to ask me through this thread or through PM. I will be happy to help if I can.

Best of luck to you,
ep

Hi I sent you a private message. I don't know it I sent it correctly, please let me know.

[epiphany]

Got it. PM'd you back.

ep

[freeatlast98]

Pm

Got it. PM'd you back.

ep

I think something is eating my PM's, didn't receive yours

[carlsbadmike]

With 4,000 bankruptcies filed everyday in the U S, there's going to be a lot of people with the BK black mark on their credit report and in my opinion, they are going to have to rewrite credit guidelines so that these people can buy homes and cars and keep our economy going. If they do not do this, in my opinion our economy is going to tank even further because so many people will not be able buy these things. Based on everything I have read it seems like this is starting to happen. Since I have filed BK about 5 weeks ago, I have gotten numerous mailings from car companies offering credit to people that have filed and or have bad credit. I'm sure the rates are higher but at least the offers are being made. I would think in the hardest hit housing markets that these offers are also being extended to home buyers. Has anyone found this to be true?

[helpmeout]

If they do not do this, in my opinion our economy is going to tank even further because so many people will not be able buy these things.

To be honest, after my car is paid for, I am going to drive it until it drops, all the while putting away what I would have made as a car payment. And when my car does die, I'm going to bypass a bank and just pay cash for it. Much cheaper in the long run. It's not that people aren't going to buy, it's that people are going to start buying when it is needed or they have enough money for it.

As for being a homeowner, BTDT. It's not all it's cracked up to be.

[jasoninaz]

Our 341 is Sept 27th

I learned a few things over the past few months.

1. In America we are given second chances. I'm taking this one.

2. After talking to an attorney and saving up to pay money I sleep better.

3. Telling a bill collector that we filed for chapter 7, and then the dead silence was rather nice.

4. They don't (collectors) have your bank account information unless you write a check to them. This allows them to offset your bank account. They tried this well pre-date the check and call us when the funds are in your account. I said, nice try but I'm really not that stupid. Go fish.

5. I spoke to human resources, her advice. Tell no one ever that you work with, this is your civil business and none of ours. Your a great employee and this is just something that has happened.

6. Debt visa cards can pay all of the bills online just as your own bank account can.

7. Stop direct deposit, its a hassle but you can start it up again.

8. Making due with old computer hardware is not so bad, its a little annoying but I can upgrade in the future.

9. Honda said you do not have to reaffirm but even if you do your not allowed to payonline anymore with us. I plan to write the CEO a letter asking them why is this policy? It should be changed if I've been buying honda's for 10 years now.

10. Finding BK friendly credit cards is going to be hard. But I'll do the secured credit card thing. Yes they will get me with fees and a deposit but its positive reporting on my credit report.

11. I don't feel depressed anymore about this. It was actual shame that I felt for walking away from my debts. But I started to look at the people whom didn't do this. I would be paying on this debt for over 5 years. Keeping me from going to school my kids enjoying perks, like swimming class or an actual vacation. No I do not believe I like that at all.

12. I've learned alot about LLC's and how you can start a credit file with them. And repair yours at the same time. I can fix computers on the side for this llc.

13. Met someone whom had 720K in cc debit. And he is going to bk, feels no guilt at all. His business died, he lost houses, cars, girlfriend, and he does not care at all. He said after this discharges, I'll start another business. I am breathing and alive, this will and has not killed me.

14. My life is not this debt. Say that to yourself in the mirror several times. Everyday if you need to.

[carlsbadmike]

jasoninaz,
I got a credit card 6 weeks after my chapter 7 BK was finalized through www.firstpremier.com for $300. There's a $25 processing charge, $75 annual fee and a 60% interest rate if you don't pay it off every month. This was the only card that I was able to get so I was very thankful to get it. After I build up a payment history with them they will increase my credit. I plan to pay it off every month to avoid the outrageous interest rate. Thanks for sharing what you've learned in the last few months. It made me feel a little bit better.
Mike