Who are the aggesive creditors?

[okane]

What creditors are mostly aggressive towards debtors?

[HHM]

There is no obvious list, it depends on location.

But first, let me clear up some possible confusion here.

First, the Trustee is appointed to represent ALL creditors in your case. His/Her job is to look out for the best interests of all creditors in your bankruptcy, and try to recover non-exempt assets and funds to pay something to these creditors.

Second, individual creditors ONLY get involved in a debtors bankruptcy if they have a reason to. In most circumstances, an individual creditor has no standing to object to your bankruptcy, all they can do is object to the discharge of their particular debt, and they need cause to do so.

As a result, pretty much every creditor is going to be aggressive if enough money is on the line and they have strong reason to object.

Believe it or not, even for large creditors like MBNA, their bankruptcy issues are not all handled by the same firm on a national scale. So how aggressive any particular creditor is depends on how aggressive local counsel is. You can count on every creditor being aggressive if, for example, you made significant charges to their credit card within the presumption period (60 days before filing) or that there is some obvious fraud.

Thus, its hard to generalize about any specific creditors. But, if I had to categorize who tend to get involved in bankruptcy more, I would say this.
1. Any creditor secured by an automobile. Car finance companies tend to be the ones that appear more frequently in cases.
2. Next obvious one, mortgage companies

Credit cards are only aggressive if they have a reason to be.

[okane]

Then, does this look problematic with creditors?

I have written in few other posts: my monthly income is $1850, my house pmt is $1074, we are family of three. I have credit card debt of $35,000 (between 4 cards). Would creditors accuse me that I accrued this debt without intent to pay by looking at my income and house pmt?

How all this happend is, when I first purchased house my pmt was like $780, then I refinanced in 2003 and took all equity I had out to pay off credit cards at that time so my pmt changed to $1074 after the refinance. Then me with my serious overspending problem accrued debt again after the refinance so I am back in debt with $35,000 and higher house pmt then first time around in 2003. So far, I have never been late on any credit cards and been making minimum pmts every month so I have been paying them all I can. I spread my yearly tax return over the year to make monthly minimums but I just can't live like this anymore. I have plans to file next year around April and May but am scared that the creditors will come after me by looking at my income and house pmt. Maybe with my situation, even bankruptcy for fresh start would not work. Very concerned.

[StaciMM]

I don't think the creditors can object to your income/expenses. They could only object if you had questionable charges close to your file date, or cash advances, etc. The trustee technically could object, but in your situation I would be surprised if he did. If you could reasonably go to a lesser rent/mortgage and that would change your overall picture then you might run into problem. But, that is not likely the case.
This is strictly my opinion, but even if you did manage a way to move to housing $100-200 less than what you're paying now, I'm guessing it wouldn't free up $$ for your credit cards, but allow you $$ for other things you may have been doing without. I have 3 kids (from what I recall your family is you & 2 kids) and they need stuff. Clothes, groceries, transportation, and utilities go thru $800-1000/mo very quickly.

If you had $4000 net pay and $2300 house expense in an area where the typical rent/mortgage was $750, you'd possibly have a problem. The trustee would be right in saying that you could move to a more affordable home and have money to pay creditors. That is not true for you, I think.

[Annika]

A couple of my medical bills were turned over to a collection/billing agency called Receivia. Those people were horrible, demanding, and rude. I actually changed my phone number because of them. This may be mean, but I didn't mind filing bankruptcy on THEM a single bit!

But I still feel bad about filing against the doctor who did my surgery. Maybe one day I'll have enough extra money to pay him anyway.

[BassBoy]

An aggressive one

HFC (Household Finance) can be very aggressive. My experience with them during our BK process has been a nightmare. These bozos call once a week, even though they have our atty's name, phone and record #, they are still bothering us......like we can give them anymore info. They have also contacted my atty every other couple of days as well. My atty is starting to get annoyed. The atty told HFC that the petition would be filed within so many days and they are still calling us and our atty. I don't know what in the world they are thinking. I know that creditors can continue to call until the petition is filed, but damn it, what in the world do they think they are going to accomplish? What clowns. I can't wait until this over so this crap finally ceases.

[StaciMM]

Regarding HFC-I'm guessing alot of people say 'I'm filing BK' just to get a break from the creditors w/ no intention of filing. Some may go as far as making up a name & # and having a friend be the 'attorney'.

[Quentin]

Always Screen Your Calls......

Just screen your calls...creditors or collectors will either leave a message or just hang up...why bother even talking to them?

If you screen your calls and a call comes in from a friend or relative then you can just pick it up while they are leaving a message...

This way you don't have to go through all the unnecessary hassle.