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To file or not to file that is the question? Credit cards closed...by cc company

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    #16
    Start with what Minny said.

    Are you and your Sister the Owners of Record on the Deed/Title to the property?? If you are, that's one whole set of issues.

    If you are the heirs in "Rights to Survivorship in Equal Parts" that's a whole different ball game.

    Beyond that, you are really gonna need professional help here.

    Even if you return to Texas ASAP and make it appear as if you never gave up residency in the State,........... ie, you took an extended vacation where you happened to travel out of the country,...... It's questionable whether the Homestead exemption from Texas would apply or not. Being as the property is physically located in another State. I searched but couldn't find a clear answer if the Texas Homestead Exemption would extend to a property located in another State.

    You need to contact a BK attny in Texas and see what your options are to better help you decide what you'll need to do.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #17
      <<<This is how it works with major banks like Chase, MBNA, BoA, etc. Typically, when you quit paying CC payments, Creditors will give you 2-3 months to start paying again and come up with the money you owe to that point. If you don't pay, then they'll turn you over to internal collections. That's when the phone calls start. Internal collections will try and get the money out of you. How long you stay in internal collections really depends on how much you owe and how agressive the Creditor is. You can easily be in internal collections for 2-3 months if not longer. It costs the Creditor money to turn you over to an external collections company. That will be a step of last resort for the Creditor. When your acct goes to external collections, that's when the clock starts ticking on a Law Suit where the Creditor may win a judgement against you. With a little legal manuvering and wrangling, you can even stall that action and drag it out for many more months.>>>>



      How can you stall them from winning a judgement???

      Toomuch
      ~~~ Toomuch ~~~

      Filed Chapter 7 - 10/15/08
      341 Meeting - 11/13/08

      Comment


        #18
        Toomuch, this thread has been inactive for six months and many of the posters are no longer active. It's against our forum rules to pull up old, inactive threads and reactivate them.

        Your question is a good one - next time please start a new thread of your own rather than posting on an old thread like this one. Thanks so much!
        Last edited by lrprn; 01-02-2007, 10:37 PM.
        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

        Comment


          #19
          Originally posted by lrprn View Post
          Toomuch, this thread has been inactive for six months and many of the posters are no longer active. It's against our forum rules to pull up old, inactive threads and reactivate them.

          Your question is a good one - next time please start a new thread of your own rather than posting on an old thread like this one. Thanks so much!
          Okay, sorry. I only came accross this one when it showed others related to the current one I was reading.
          I shall be compliant
          ~~~ Toomuch ~~~

          Filed Chapter 7 - 10/15/08
          341 Meeting - 11/13/08

          Comment

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