Strange Attorney Actions

[sunshinepa]

Lady

I want to totally avoid your attorney.......in the Middle District too and have not shopped around yet..........holding off on it due to some cash advances, balance transfers that need to age till DEC.

I do have some names but if possible, can you PM me and let me know who you used...........really really need to avoid yours!!!!

Thanks!

[ladycee]

Yes, well looks like you've got it down pat.

and 30 collectors is better than 79 lol.......btw ..have you checked out the term limits for debts in your state?......

eg, Here in Pa it is 4yrs..........if no activity within that time frame.....they can no longer collect the debt. This is why we get all those calls. If the collector manages to get you to discuss the debt over the phone, they document this as "activity" and bump up the deadline.

This is also why Discover took me to court. Because I would not answer the calls.

I was actually hoping to ride out the 4yrs .....but that also means answering them in court to prove there was no activity during that 4yr period.

Make sure that you register for PACER. that is the only way I noticed 2 cockroaches filing for Noticee of Appearance. Certainly my atty did not tell me.

and also even before I registered for PACER the Court sent out a "Notice of Presumption of Abuse",....why? Because this Kimberly Bonner who filed the "Appearance" left off her address and the court viewed it as the debtor leaving off pertinent info about a Creditor.

the only thing atty told me: "you need take no action" they know who all the cockroaches are.

http://www.pacer.gov/

You might even find it handy to monitor the CMC case you are involved with too.

Only .08 cents per page.....charge it to your checking acct. Gets billed quarterly. I think I charged it via PayPal. My PayPal charges directly to my c/a ...no cc's involved.

Don't need cc's anymore cause I have a combination atm/debit card with my bank. the debit card goes thru anywhere that accepts VISA. Just have to make sure the monies are in the bank. I also set up automatic payment for mtg, car, car insurance thru bank.

So what is NOLA? Never heard of it....I am new here...

thanks again dumpin,

Chris

[dumpinmydebt]

I caution against pro se........

You will only aggravate the court if you bog them down with 79 creditors. They will HATE you. Think of all the work you are forcing onto them. Most likely the bk database will identify the duplications for you. They have them all on their database.

Just interview LOTS of attorneys before you choose one. I was pressed for time because I was facing a Lawsuit also. that is why an emergency Face Petition was needed. To activate "stay" right away.

Plus......you need an attorney who has a "relationship" with the Trustee. It's as simple as that. They are a very tight knit community and watch each other's backs.

Trying pro se is like a lamb to the slaughterhouse.

Many let you pay in 3 installments.

Think carefully and don't wait until a lawsuit prevents you from choosing the right lawyer.

Chris

I understand pro se may not be for you, but it is for us. I've spent plenty of time reading my NOLO book and researching to understand that we can do this. If I had any doubt, then I would hire an attorney. But I have no need to pay an attorney a crapload of money to fill out my paperwork and stress me out. I don't find the paperwork difficult, its just time consuming. I don't work, so I've got plenty of time.

There have been plenty of people who file pro se successfully.

We're not filing for emergency bk.

We've already been sued. And I filed my answer with the court last week. I'd prefer to file before the CMC, but if not, then I'll just show up. No big deal. I'll get a court date in like another month after the CMC, then a judgment when I lose, then another 45 days before they can garnish. That's beyond plenty of time. I don't care about the lawsuit, just another piece of paper to me. I'm avoiding garnishment.

And if you read, I said I'm not putting all 79 down. I sorted them by the date the letter was sent and I'm only listing the original creditor and the most recent collector. That will only be like 30.

I know all about the automatic stay. I didn't just decide to file last night. I've been doing research for about a year now.

We have no assets and the median income is $52K per year. We make half of that per year. We don't have a mortgage. We have no DMI. Our case is very straight forward. Half the paperwork is just checking off the "none" boxes. I already have copies of my husband's 6 months of paystubs, already completed the pre-bk counseling, have 3 years of tax returns, have all of our personal property listed which come to a grand total of $2500 in exemptions. We haven't made any large purchases. The most expensive thing we own is an xbox 360 (which we bought used), which is only like $150.

I don't "need" an attorney who is friends with the Trustee. Sorry, but that's just a ridiculous statement. I mean come on. I've got nothing to hide. Let them live with me for all I care. What they will see is 2 people who clip coupons, buy cheap groceries, don't eat out or do anything, shop at goodwill, and go to school, volunteer in the community, and go to work.

[ladycee]

pps.....if you insist on putting your head on the chopping block. Have the bk#...and the name of the bk District Court where you filed and direct them to the court.

Good Luck

Chris

[ladycee]

ps......once I filed I started answering my phone. Soon as I told them to contact my atty they stopped calling. No more letters come to me. They know they have to stop all collection activity because they are doing it on behalf of the lender listed on your Schedule F, and even if they are not listed.....they can get into trouble for violating the "stay".

Do not discuss the debt with them....do not even tell them what time it is.

They tried to give me an argument, and I just repeated: Here is my atty's name and his phone number. Even if they are not listed they cannot bother you anymore. As long as you have listed the company who sold the debt to them. Not the 2nd tier nor the 3rd tier can bother you anymore.

Course if you have no atty...........hmmmmmm you can't say that.

Chris

[ladycee]

I caution against pro se........

You will only aggravate the court if you bog them down with 79 creditors. They will HATE you. Think of all the work you are forcing onto them. Most likely the bk database will identify the duplications for you. They have them all on their database.

Just interview LOTS of attorneys before you choose one. I was pressed for time because I was facing a Lawsuit also. that is why an emergency Face Petition was needed. To activate "stay" right away.

Plus......you need an attorney who has a "relationship" with the Trustee. It's as simple as that. They are a very tight knit community and watch each other's backs.

Trying pro se is like a lamb to the slaughterhouse.

Many let you pay in 3 installments.

Think carefully and don't wait until a lawsuit prevents you from choosing the right lawyer.

Chris

[dumpinmydebt]

Forgive me dumpin,

You only have to list the "original" creditors.......all of those collectors are "duplications" and are you using an attorney?

He should have told you that.

I've already had two bottom feeders file for "Notice of Appearance" one of which is that Recovery Management Systems Corporation. Do a search here on this forum. Lots of postings on this guy. He has a web crawl program and files these Notices on every bk case all over the country.

He listed an old acct of mine that was Paid Off in Nov 2006. thankfully because I am a pack rat ...I still have the documentation. Sent it off to atty's office, but seeing how efficient they are.....well......

there's another one which makes me nervous....Kimberly Bonner...she doesn't bother to give any info....she represents a Home Equity Loan company.

they come out of the woodwork like cockroaches.

Seems for a Chapter 7 they don't have to file a "proof of claim"....

Perhaps someone who knows more can chime in?

I have lots of "collector" letters, but my atty says I don't have to bother with them.

Only the original lenders are listed on Schedule F.....but go thru those statements and determine the very LAST time you "incurred" a debt with that lender. That is important plus listing what you bought from them. And make sure you do not "incur" any debts/make purchases within 3 mos prior to filing.

And make sure you do NOT omit not even one original creditor.

Cheers

Chris

We haven't used our credit cards in 3 years. The last debt we incurred was last year due to skipping out on a lease. It's actually why we are filing, because we are being sued and I want to file before having to go to a case management conference, which is in mid October.

We're filing pro se and I've heard mixed information on this forum from what many different people's attorneys tell them on this topic. I searched it before I started this list.

I'm listing the original's and the collection agencies because I'd rather be safe than sorry. It doesn't hurt to do it, so I might as well.

Anyways, I don't feel like dealing with them once it's filed, so I'll just let the court send out all of the notices to them so they'll leave me (and my mailbox and phone) alone.

Oh and it won't be 79 once I'm done. I'm sorting them by the date the letter was sent and I'm deleting the older collection agencies, and just keeping the most recent ones.

Thanks for the info about those "bottom feeders." I'll keep a lookout for them.

We don't have a mortgage and never, so I'd actually love to see someone try to file a claim against me about home equity. I'd have a good laugh. I'm sure the Trustee would too.

[ladycee]

Forgive me dumpin,

You only have to list the "original" creditors.......all of those collectors are "duplications" and are you using an attorney?

He should have told you that.

I've already had two bottom feeders file for "Notice of Appearance" one of which is that Recovery Management Systems Corporation. Do a search here on this forum. Lots of postings on this guy. He has a web crawl program and files these Notices on every bk case all over the country.

He listed an old acct of mine that was Paid Off in Nov 2006. thankfully because I am a pack rat ...I still have the documentation. Sent it off to atty's office, but seeing how efficient they are.....well......

there's another one which makes me nervous....Kimberly Bonner...she doesn't bother to give any info....she represents a Home Equity Loan company.

they come out of the woodwork like cockroaches.

Seems for a Chapter 7 they don't have to file a "proof of claim"....

Perhaps someone who knows more can chime in?

I have lots of "collector" letters, but my atty says I don't have to bother with them.

Only the original lenders are listed on Schedule F.....but go thru those statements and determine the very LAST time you "incurred" a debt with that lender. That is important plus listing what you bought from them. And make sure you do not "incur" any debts/make purchases within 3 mos prior to filing.

And make sure you do NOT omit not even one original creditor.

Cheers

Chris

[dumpinmydebt]

so anyhow....curious ......what does OP stand for?

Chris

Original Poster - that would be you!

[ladycee]

so anyhow....curious ......what does OP stand for?

Chris

[dumpinmydebt]

LOl!!! fried brain......related to "brain fog" i just appreciated you gettin my back for me...just in case!! LOL!!!! yeap those collection notices will do it everytime!!

I have a spreadsheet listing all of the creditors and every collector that has sent a letter for the past 2 years and we have a grand total of ........ 79 collectors. We only have like 15 original creditors, the rest are collections are being sold, and resold, and sold again for the past 3 years. That is going to be alot of papers for Schedule F!

[dumpinmydebt]

Not going anywhere for Labor Day....can't afford the gas...

Far as my "stuff" goes .....yup....at least 3 of my pieces will make them drool. A 4th piece can be called an antique.. A curio my mother brought over from France. Carved all over ...with inlaid wood painting on it. I declared it really belongs to my grandaughter, which it does actually, but now she can't take it until this is over. She just got married and set up in a new apt.

I gave atty pictures of these pieces. I thought I saw him drooling heh

Happy Labor Weekend to all of you

Chris

I'm not going anywhere, either. HAHA. Everything costs money, that I don't have. lol. So I'll be here, filling out my mounds of paperwork.

Hopefully the auditor won't drool all over your stuff and hopefully you will have enough room to exempt all your pieces.

Happy Labor Day weekend to you as well!

[ladycee]

[QUOTETS]Whoops! Thanks! I think you are right, lol. My bad! LOL. I edited my post. Sorry about that OP! Just ignore it please OP! Ha ha.

Sorry, my brain's a little fried from trying to gather all of my collection notices and filling out this paperwork, ha ha. [/QUOTE]

No problemo......ignore mine as well ...heh

Chris

[tobee43]

ahhhhhh dumpin...you were right...LOL!!! so thanks again for watchin my back...i'm taking you with me everywhere from now on!! LOL!!!


no problem chris...everyone here is under so much stress usually...i didn't take it personally. i did read it..and i'm glad your reading everything. it's must. sorry to hear they are coming...i really never heard that happen, at least not where we filed.

best of luck to you.

[ladycee]

First tobee......sorry if I came across witchy.......just going thru a lot of stress.

Well, guess what? After finally calling the big honcho atty, and leaving emails for him because atty had told me to call him EARLY today and he was not responding.

He finally sent me all the corrected Schedules and Affidavit to sign. I had told them that I wanted to *see* the Amendments BEFORE they were filed....good thing too, because the paralegal kept making more mistakes every time she sent me corrections.

Yup, I fully understand why Toyota can't speak to me directly. It's the same with the mtg company...Toyota tho was very friendly when they thought it was a 13....giving me tel ext for direct contact etc. and spent a good time explaining things to me. But once I converted she gave me a different tel ext and told me she could no longer handle the case.

I am more confident about the Reaffirmation process after speaking/texting with you guys....so thank you very much.

Not going anywhere for Labor Day....can't afford the gas...

Far as my "stuff" goes .....yup....at least 3 of my pieces will make them drool. A 4th piece can be called an antique.. A curio my mother brought over from France. Carved all over ...with inlaid wood painting on it. I declared it really belongs to my grandaughter, which it does actually, but now she can't take it until this is over. She just got married and set up in a new apt.

I gave atty pictures of these pieces. I thought I saw him drooling heh

He told me that a court auditor would be coming to my home.

So at this point, not sure if I am a no-asset case or not.............just SO relieved that Schedules have finally been fixed.

Thanks very much ..... very helpful -- good to know there's no deadline on Amendments.

Happy Labor Weekend to all of you

Chris