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    #16
    Originally posted by seraph79 View Post
    You know the cliche--knowledge is power!
    Good for you, seraph! Way to go!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #17
      If you are garnished and move away, how do they track you?

      Seems like even if you get garsnhised you couls quit that job, move around, hop around, to give you time to plan for BK, etc. while saving money? Or, do they put an ankle bracelet on you to track you, what??
      "Starting again is part of the plan"

      -Gloria Estefan

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        #18
        collection agency

        can a collection agency pull up my credit file with out my authorization?

        Comment


          #19
          Hello, I am new to this board and I am sure this question has been answered 100 times, but everyone's situation is slightly different, right? I plan to file BK in 90 days. If i want to stop using my cards (to buy groceries, gas, other necessities as I have been) and save up to pay the lawyer, I won't be able to make payments. My lawyer isn't really allowed to advise me on how to NOT pay, I'm guessing. Does anyone know what the worst that can happen in 90 days before I start the filing process? (Before this I have never missed or been late for a payment). If I tell the creditors who call that I am about to file BK will that be sufficient for 90 days?

          Comment


            #20
            Originally posted by prettyfangrl View Post
            Hello, I am new to this board and I am sure this question has been answered 100 times, but everyone's situation is slightly different, right? I plan to file BK in 90 days. If i want to stop using my cards (to buy groceries, gas, other necessities as I have been) and save up to pay the lawyer, I won't be able to make payments. My lawyer isn't really allowed to advise me on how to NOT pay, I'm guessing. Does anyone know what the worst that can happen in 90 days before I start the filing process? (Before this I have never missed or been late for a payment). If I tell the creditors who call that I am about to file BK will that be sufficient for 90 days?
            I'm also new here, but here's the little bit I've learned.

            Well, my lawyer didn't advise me what NOT to pay, but he did advise me what TO pay - rent (or mortgage), utilities, insurances and any vehicles that we would want to keep. If you want to keep it after the BK, then at least make an effort to pay is what I gathered from the conversation. You may want to open a new checking account if you've had auto debit with your creditors in the past - it may not be legal, but they might try to use that to their advantage, and better safe than sorry.

            I'd be careful about telling creditors that you are considering BK, especially if they are secured. I'm about a month behind on a vehicle that we're not keeping - my gut feeling is that if my bank knew that I was filing and surrendering the car, they'd be in more of a hurry to come get it.

            Comment


              #21
              In 90 days you SHOULD be just fine. I am in the same boat. Saved up to pay the lawyer and have not paid creditors for about 3 months now. Going to my paperwork appointment Monday and nothing has happened yet with the exception of phone calls. I did retain my lawyer earlier than his payoff and then was able to tell all of the creditors to call him.

              Who to, and who not to pay. Pay on whatever you want to keep that is secured (Car, house etc...). Pay on everything that you need (utilities). Stop paying on everything that you will be claiming bankruptcy on.

              Comment


                #22
                we just stopped paying our credit cards about 3-4 weeks ago.........calls are coming in like CRAZY now!!!

                good thing we gave all of our unsecured creditors our home phone number and we turned the ringer off.........we are using our cell phones for mostly everything anyways.......they dont seem to leave voicemails too often though..........we are getting upwards of 20 calls a day
                Filed 7/14/11....341 date is 8/23/11

                Comment


                  #23
                  I am also new here. I have been looking around here for along , but finally decided to register. My husband and I are casulties of the housing market bought a house in 2007 before selling our previous home. It took us 2 years to sell our previous home. In midst of trying to sell the previous home we exhausted all financial resources, credit cards, savings 401k's etc, trying to do the right thing. Credit cards are roughly $40,000 combined. I was on payment plans with them until May 2009 when my hours were cut and then October I was laid off. Quit paying on the credit cards in June roughly, not enough funds to go around to pay them. We want to file now, but we are in the midst of a trial loan modification December 15th is our last payment. I have read that its probably not a real good idea filing chapter 7 when being in a trial loan mod so we are holding off until it becomes permanent. I just hope I can hold off these credit companies from "charging" off my account. Is there a specific time frame that credit card companies have before they can charge off an account? I just spoke with Citi tonight and they said once it hits 6 months, they charge it off and send it to a collection agency or attorney. Or is that "6 months" just a scare tactic? Credit companies call several times a day and not even leaving messages. Its pretty sad that we unplug the phone when company comes over. They skip trace me also. They have called a few of my family members in the past few months, its pretty embarassing. I started taking their calls again tonight. I was told by one bank that if they don't hear from you every 21 days, they will skip trace you. Which is one of the reasons why I am starting to at least answer the phone to buy sometime before we file. I really don't need them calling my family members, try and explain that one.

                  Any words of wisdom from anyone is greatly greatly appreciated.

                  Comment


                    #24
                    Originally posted by bejeiris2006 View Post
                    can a collection agency pull up my credit file with out my authorization?
                    I would like to know the answer to this too, i have had 3 credit pulls from 3 credit collection agency in the past 2 months, i just filed nov 17
                    filed chapter 7 Nov 17, 2009
                    341 meeting Dec 21
                    dec 22 no funds no asset
                    Objections for Discharge due by 02/19/2010

                    Comment


                      #25
                      Originally posted by Beachlover2 View Post
                      I am also new here. I have been looking around here for along , but finally decided to register. My husband and I are casulties of the housing market bought a house in 2007 before selling our previous home. It took us 2 years to sell our previous home. In midst of trying to sell the previous home we exhausted all financial resources, credit cards, savings 401k's etc, trying to do the right thing. Credit cards are roughly $40,000 combined. I was on payment plans with them until May 2009 when my hours were cut and then October I was laid off. Quit paying on the credit cards in June roughly, not enough funds to go around to pay them. We want to file now, but we are in the midst of a trial loan modification December 15th is our last payment. I have read that its probably not a real good idea filing chapter 7 when being in a trial loan mod so we are holding off until it becomes permanent.
                      We too are right in the middle of a trial mod for our mortgage thru Wells Fargo and as soon as it is finalized we will file Ch 7 to discharge $100k in credit card debt. We also bought our house at the height of the market and spent all that money on renovations as it was a fixer upper. Bad financial moves but oh well... that's life.

                      We plan on filing Ch 7 in January. We have already retained an attorney and now we have not had a single call from our many creditors for a month. As soon as we retained him I called them all and told them my stock line "I am informing you we have retained an attorney and have commenced Ch 7 bankruptcy proceedings. His name is... and his phone number is .... All future communication must go through our attorney. Good bye".

                      Keep us posted on how your modification turns out!!
                      Stopped paying c. cards February 2009
                      Retained attorney 11/5/09 - $100k in C.Card debt - $120000 per year income - Filed Feb 2010 - 341 Apr 2010 - No Asset Case/Report of No Dist Apr 2010 - Discharged June 2010
                      Case went without a hitch!
                      I HELD MY HEAD HIGH IN THAT COURTROOM AND NOW I AM MOVING ON!

                      Comment


                        #26
                        I would not call your situation a bad financial move in 2007, no one has crystal ball and can project the future. We never thought it would have taken 2 years to sell our previous home. In 1997 we bought it within a week of it going on the market. We ended up doing a short sale when it finally sold. The bank is "forgivng" the balance. Had we made something or sold it within a few months, we would not be in this siutation. The banks were crazy back in 2007 handing out loans the way they did. We moved 1/2 hour from our previous home for our kids. The community where we lived previously had terrible schools and we would have had to send our kids to private school if we remained there. Is it the pay me now or pay me later scenario? So we took the plunge and moved to a community with better schools and a larger home since we we also needed more room we needed more bathrooms for sure 2 girls and myself was not going going to cut it. We could have added on, but that also costs money and there is now way we were going to recoup it at least we never were going to see it on our lifetime. Bottom line, I just want the calls to stop, especially the contacting of my relatives through skip trace. BOA called my parents home yesterday, I have not lived there in 12 years. That's just not acceptable.

                        Comment


                          #27
                          Beachlover: I would strongly recommend you find an attorney that is knowledgeable and retain him as soon as you can. Then call all these scum bag creditors and give them my stock line above but add in :"if any further communication is attempted towards myself or my relatives we will be filing suit for FDCPA violations" Does not matter when you plan to file, just retain and the calls will stop.

                          It was a huge relief for me as I was the one taking them for the most part. These people that do that job for a living are soul less sociopaths. I have a thick skin but even some of these got to me.

                          We had been putting off filing/retaining an attorney but the last straw was when a collection agency called my husbands work and tried to get him paged, then left a message with his BOSS. This was after I had spoken to them at our home. I retained the attorney we had chosen (after interviewing 3) that day and called this collector back and ripped him a new one.

                          As for the Californian real estate market: we sold our last home and should have rented while the market dropped instead of rushing into this place which was an upscale fixer-upper in one of Sacramento's best neighborhoods. It has sort of turned out to be a money pit! Anyway we are hoping WF will modify our loan permanently come January. If they don't we will file a Ch 13 instead of a 7 and have the $120,000 in 2nd mortgage lien stripped..

                          I worked in investment banking as an analyst for years before I got married and became a stay at home mom, I am no idiot when it comes to economics indicators but the severity of this recession has surprised me - I never thought it would be this bad.
                          Stopped paying c. cards February 2009
                          Retained attorney 11/5/09 - $100k in C.Card debt - $120000 per year income - Filed Feb 2010 - 341 Apr 2010 - No Asset Case/Report of No Dist Apr 2010 - Discharged June 2010
                          Case went without a hitch!
                          I HELD MY HEAD HIGH IN THAT COURTROOM AND NOW I AM MOVING ON!

                          Comment


                            #28
                            I am going to send you a private message okay?

                            Comment


                              #29
                              Originally posted by rrj View Post
                              I would like to know the answer to this too, i have had 3 credit pulls from 3 credit collection agency in the past 2 months, i just filed nov 17
                              Yes they can. Pulling your credit report is also a part of skip tracing when you don't talk to collectors.

                              Comment


                                #30
                                Originally posted by Beachlover2 View Post
                                I would not call your situation a bad financial move in 2007, no one has crystal ball and can project the future. We never thought it would have taken 2 years to sell our previous home. In 1997 we bought it within a week of it going on the market. We ended up doing a short sale when it finally sold. The bank is "forgivng" the balance. Had we made something or sold it within a few months, we would not be in this siutation. The banks were crazy back in 2007 handing out loans the way they did. We moved 1/2 hour from our previous home for our kids. The community where we lived previously had terrible schools and we would have had to send our kids to private school if we remained there. Is it the pay me now or pay me later scenario? So we took the plunge and moved to a community with better schools and a larger home since we we also needed more room we needed more bathrooms for sure 2 girls and myself was not going going to cut it. We could have added on, but that also costs money and there is now way we were going to recoup it at least we never were going to see it on our lifetime. Bottom line, I just want the calls to stop, especially the contacting of my relatives through skip trace. BOA called my parents home yesterday, I have not lived there in 12 years. That's just not acceptable.
                                First and foremost you need to IMMEDIATELY send a written cease and desist letter. Find their correspondence address send return receipt, you can also fax it. Expressly state you want NO contact via phone to any of your numbers or family. If they violate that they are in violation of the FDCPA and you can sue them. Most collectors will accept a temporary verbal one for 10 days which will give you enough time to send in your letter. Beware that most creditors will send your account immediately to litigation if your account was to charge off which is usually 6 months or 151-180 days this tends to vary by creditor.

                                In most cases "charge-off" day is the last day of the month there is no harm in asking exactly what day your account is scheduled to charge off then ask what the "bottom bucket" amount is. Meaning the absolute smallest amount (usually the amount due the first month you went past due) you can pay to buy yourself another 30 days. Also, the closer you are to charge off usually the more willing they are to cut the debt in 1/2, offer you a payment program; etc.

                                Comment

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