Utility Question and Secured Items (And Filing Update!)

[koruption]

Gooooood afternoon all!

Happy because I just filed. Took all my documentation in-person, the wonderful clerk looked it over and told me I was the most "well organized" person she had seen pro-se come through our local office, and that there were no issues at all in my schedules or filing procedurely

She was amazed I even had the local rules down that most people miss (ie: Creditor Matrix in a specific font and size in a certain location on the paper, etc)

So first a big thank you BKForums Community!


now on to two more questions that I have...

So I filed. One of the creditors is our Electric company. We owe them, for gas last winter, close to $750. This is after I paid off more then half of it, never received bills throughout the winter even though I called and asked, never got an accurate amount owed, etc. It was a big mess. But what is done is done.

So now that I filed and they are included... what's my next action? Do I pay them still under the payment agreement? Or do I call and tell them I filed, ask for a new account number? Have my wife put it under her name?


Second Question:

One of the debts we had to list is from a local appliance "financing" institution. We needed a laptop for our daughter's school, and a new fridge. We were 4 months away from being done on both of them, and want to continue paying them.

I know I need to file the statement of intent on that debt. The question is, with a payment coming up next week, do i still go in and pay them now, or do I wait until the creditor meeting?

We don't want them reposessed, and are more then willing to continue those.

thank you again!

[koruption]

A followup question:

I was calling places to get payments to stop (some of them are supposed to come out on monday, and frankly there is no cash in the cow right now).

Everythign was kosher, asked for the normal information. One place, a payday loan place... they said they refuse to stop payment on anything, even with a valid case# (which i have).

Any suggestions?

[justbroke]

You don't pay them anything from before filing your case. You may want to call them and inform them that you filed, and include the date, case number, and other pertinent information. This will at least allow them to start your NEW bill. Be aware that a deposit may be required.

As for the payday loan place, call them back and inform them that if they take the money out of your account on Monday, that will be in VIOLATION of the automatic stay and you will ask the judge to have them come befoer the court to explain why... and then to ask for sanctions including damages.

[koruption]

Sounds good on both accounts, that is what I thought.

That payday place... ich. i will be glad to be done with everything. I've already had to starta log since i've gotten three calls since i called them.


cheers to a new and better life!

[koruption]

About the secured debt...

Copied and pasted from above:
One of the debts we had to list is from a local appliance "financing" institution. We needed a laptop for our daughter's school, and a new fridge. We were 4 months away from being done on both of them, and want to continue paying them.

I know I need to file the statement of intent on that debt. The question is, with a payment coming up next week, do i still go in and pay them now, or do I wait until the creditor meeting?

We don't want them reposessed, and are more then willing to continue those.


What do we do about this one? If pu sh comes to shove and they say they are going to reposess before the 341 (and say they send someone out...) do they have the right to?

(I wish that were hypothetical).

[tigergem]

First make really sure this is a secured debt. Check the contract.

Oh and by the way - - huge congratulations on the compliment from the bk clerk. They told me quite often how much they appreciated my paperwork being organized too.

[tigergem]

Oh man. My brain is not engaged today. If the "secured debt" is really secured, they are still governed by the automatic stay and cannot repossess. You need to deal with the statement of intentions. I honestly don't know if you should go ahead and make the payment until that part of your bk is done, or after your 341, or when.... Some of the Ch 7 wizards will have to chime in on that issue.