hello, had 341 meeting today question

[danohio2831]

we had our 341 meeting today, i think it went ok. the trustee asked about my unemplyment ckecks and i told her i lost my job due to a layoff after 14 years. she seem to not really ask anyquestions after that, just the basic stuff.

only one creditor showed up, i cashed advanced 11,000.00 on feb 2nd and i filed on june second. the trustee and the credotor who cam want us to prove what we spent the mo0ney on, should not be a problem. my lawyer said he may try to take me to court over it and may not?

any comments.

also, when should i start looking over pacer to see how my case is going.

the trustee wanted a few dates, were the 11,000 went. that was about it.

dan

[FoolAndHisMoney]

Seems like a lot of money for a short period of time before filing. Were you laid off after the cash advance? If you were then they will probably have a case that you never intended of paying. Even if you took it out while you were working they will try to claim that you knew you were going to lose your job. First see if they dispute it and you may want to settle for no interest 50% payback. At least you didn't do it inside the presumption period which will be difficult to explain and negotiate. Hopefully you have every dollar accounted for or the trustee will be quite mad. Keep us posted and good luck.

[danohio2831]

yes it was alot of money

1. i was laid off after the cash advance

2. my credit card payments were 2850.00 a month

this is really f-up. i take a cash advance, get laid of 1.75 months later.

know if i just paid them back what i cashed advanced, (if i had the money) , and file chapter 7 2.5 months later , cant i get in trouble for paying a creditor over 600.00

it seems to me that if there was any money left of the 11,000 , it would be distributed to all the creditors?

i am confused.

dan

[FoolAndHisMoney]

1. i was laid off after the cash advance

2. my credit card payments were 2850.00 a month

this is really f-up. i take a cash advance, get laid of 1.75 months later.

know if i just paid them back what i cashed advanced, (if i had the money) , and file chapter 7 2.5 months later , cant i get in trouble for paying a creditor over 600.00

it seems to me that if there was any money left of the 11,000 , it would be distributed to all the creditors?

i am confused.

dan

Sorry to hear about the layoff. Not only can you not get in trouble for paying the creditor their money back, but the trustee would be your friend. If you paid back the 11,000 inside 90 days then you would have listed this on your statement of financial affairs and the trustee would have gotten it back from the creditor and distributed it to all that file their claims. He would get a percentage of it which will please him. Not sure if the creditor would still dispute it though.

If you lost your job with absolutly no knowledge of it, IE your company announces near future layoffs and had a good income prior then fight them in court if they dispute it. Can you account for where the money went? That's all the trustee really cares about. Pardon me for asking, but is there a reason you couldn't wait longer? They won't be able to garnish your wages at this point and from what we read here they usually don't dispute any of this over 6 months.

[danohio2831]

my wife could not handle creditor calls, was affraid they would start calling neighbors, i really wanted to wait till we got sued, but she did not. it was 80% me who got us in trouble, so i let her decide when to file.

[FoolAndHisMoney]

my wife could not handle creditor calls, was affraid they would start calling neighbors, i really wanted to wait till we got sued, but she did not. it was 80% me who got us in trouble, so i let her decide when to file.

It's illegal to call your neighbors under the FDCPA.

http://www.bankruptcyforum.com/t946-fair-debt-collection-practices-act.html

[lrprn]

my wife could not handle creditor calls, was affraid they would start calling neighbors, i really wanted to wait till we got sued, but she did not. it was 80% me who got us in trouble, so i let her decide when to file.

Unfortunately it's too late for you, danohio, but in case someone else here is anxious about creditor calls and hasn't filed yet, here's a few ways to deal with the overwhelming calls if you need to put off filing for a few months:

* Use caller ID on your phone to screen the creditor calls. We did that for several months. If we didn't recognize the caller, we didn't answer the phone.

* Our lawyer told us we could tell our creditors that we retained a bk lawyer, were going to file bk 'soon', and give them his name and number. That stopped almost all of the calls almost overnight, but it did open the door to our creditors fast-forwarding trying to get judgments against us before we filed. However our lawyer said he was 99% sure we'd be safe for 4-5 months, and we were

[anonymuse]

we had our 341 meeting today, i think it went ok. the trustee asked about my unemplyment ckecks and i told her i lost my job due to a layoff after 14 years. she seem to not really ask anyquestions after that, just the basic stuff.

only one creditor showed up, i cashed advanced 11,000.00 on feb 2nd and i filed on june second. the trustee and the credotor who cam want us to prove what we spent the mo0ney on, should not be a problem. my lawyer said he may try to take me to court over it and may not?

any comments.

also, when should i start looking over pacer to see how my case is going.

the trustee wanted a few dates, were the 11,000 went. that was about it.

dan

How much did you pay them back before you lost your job and afterwards?

Was there cash left over?

Was there savings when you filed?

I have one preferential payment--to the IRS--at least they can't do anything about that one. No one, not even a trustee, is going up against the IRS for money back.

[FoolAndHisMoney]

* Our lawyer told us we could tell our creditors that we retained a bk lawyer, were going to file bk 'soon', and give them his name and number. That stopped almost all of the calls almost overnight, but it did open the door to our creditors fast-forwarding trying to get judgments against us before we filed. However our lawyer said he was 99% sure we'd be safe for 4-5 months, and we were

Wonder why they would still rush to get the judgements knowing that you intend on filing. It's not cheap to do this and they are just throwing good money after bad on legal fees. Then again they are credit card companies.

[lrprn]

Wonder why they would still rush to get the judgements knowing that you intend on filing. It's not cheap to do this and they are just throwing good money after bad on legal fees. Then again they are credit card companies.

Our lawyer explained to us that when creditors are pressing hard, a lot of people threaten they are going to file bk soon to stop the calls, but they really have no intention of filing - they are just buying time. If 2-3 months go by with no filing notice, the creditor calls start again and on this round if you can't give them a case number, they send you to collections or, if the amount is large enough, they figure you are bluffing and head straight to court get a judgment. We were lucky - our credit card companies were just starting to turn us over to collections when we filed.

Like you said, FOMO, they *are* credit card companies. Sometimes I think hunting us bk-ers is like sport to them. They don't mind spending a little as long as there's a decent chance to bag the debtor in the end.