Okay we lost a home due to foreclosure and have been informed to file bankruptcy on this debt before they try to take wages. Exactly what happens when you do this? Someone told me they will auction off your furniture kids toys anything you have pretty much. Including you won’t get tax returns for the next 3 years, it will all go to creditor. Is this correct? Any advice or anything else valuable to know? Thank-You so much in advance.
I filed BK 13 a little over two years ago. A couple of months back I learned that one of the creditors added in Schedule B is reporting the debt as a collection on the credit report. I later received a letter from a collection firm representing said creditor. I took the letter to my attorney who said "okay we’ll sue". The paralegal said that I’ll be their guinea pig since they’ve never sued anyone. Since then, my attorney is not responding to questions that I have i.e. what are we sueing for, what are the steps taken, who pays for this etc..ANY QUESTION really. I have no clue what they are doing and am being blown off by the attorney and the paralegal both who were very nice up until that point. Also, my attorney put the wrong dollar amount on the schedule B as debt for that creditor but I’m being told the amount doesn’t matter as long as the creditor is included in the BK 13 they are going to be discharged (so the amount wasn’t changed). I am concerned that after the 13 has been discharged the creditor will come after me because of my attorney’s inability or unwillingness to take care of business. Any calls or emails are being ignored. I did receive one call from one of my attorney’s employees who stated that he is filing the claim (1 1/2 weeks ago) but my question whether or not I will receive anything on paper telling me what is being done etc remained unanswered. Basically, I don’t know anything, I don’t know what to look for and/ or what to expect. What should I do ?
I filed chapter 7 bankruptcy protection on April 20, 2010. Every single creditor was notified of the filing, including the creditor being represented by NCO financial. Despite this NCO financial engaged in very harassing and nasty behavior. When I did not pick up the phone, they never left any message and hung up. They used different phone number each time to do that. When I called them back, I kept getting a message, "Please hold. All our lines are very busy". I kept holding for almost 20 minutes and this same message was repeated.
I hung up. Then i called back again and was put on hold for a very long time. A rude man came on the line saying I have to pay 0 immediately and it must be resolved right now. I said I filed chapter 7 bankruptcy protection. He said he needed proof that I filed it and will not go by my word, so I must pay. I hung up.
Then 20 minutes later another call from NCO financial came where they left no message. By now I found my bankruptcy case number. I called them back and was again put for a long hold. Then i told the agent (this time it was another rude man) i filed chapter 7 and have case number too.
After telling him the case number he responded, "we still have to verify this. its not enough. what is the phone number and address of your lawyer?" I gave them the address and phone number of my lawyer. Then he asked, "what is the zip code of the office". I said, "i’m sorry I can’t recall the zip code but you can check it on google"
He then said, "you are not complying and we will call again". By then I hung up the phone being fed up.
he made zip code a big issue. This was cruel on his part.
creditor stopped a wage garnishment when i filed bankruptcy. many people say i should get a reimbursement and i’ll be repaid the garnishment money now that it has been stopped. what should i do to get the reimbursement? i did this years ago but i forgot how i went about getting the reimbursement check. any help greatly appreciated. thanks.
We live in Washington. We own a home that has 95K in equity – but we owe the IRS about 85K. We have gone through the pre bankruptcy counseling and they say we HAVE to file – because we are in the hole 6K per month (long story – I owned a business and got very ill). My income is commission only – and I don’t have commissions coming in which is why I need to file Pro Se’. Basically – do I let the trustee sell my house? Do I need an attorney to make sure the taxes are discharged (they have been owing for over 3 years and over 2 years since I’ve filed – and also the 3rd rule I’ve passed too) because that would be horrible to walk away without them discharged. I have 2 cars I want to give back. If I file now – how long can i live in the home and when do I need to surrender the cars ? I don’t want to milk the system – I just want to find a place to live and have enough time to earn a commission (should be 30 days away)
They may have changed the rules – but I know you can do it pro se. The reason I would even try is I used to be a creditor rep that goes to court and I reviewed every petition to find fraud. I know most things – it’s just the tax lien stuff and the sale of the home I don’t. My attorney wants 00 up front. It is so embarrassing – I used to make K per week – and now I’m reduced to not being able to pay an attorney. Life goes on.
do i only include the original debtor in the bankruptcy or do i have to include all the collection agencies the original creditor sold the debt to as a creditor aswell ?
If a creditor ask for an item to be returned but the item is no longer in your possession while you are in your bankruptcy process what happens then?
If I have a judgment against me that i just found out about can I file bankruptcy ? My friend was served and appeared for her court case but the credit card company asked for a continuance and never said when the next court date was. When she called up with the court she was told that she would receive something from the court (or credit card company) when the next date will be. The next thing she knows she has a default judgment against her and the company is threading to garnish her wages?
Can she have the judgment Vacated after more than 3 years? Should she just set up a payment plan with the court and not the creditor? Should she file bankruptcy?
The credit card company wants the entire amount of 8500 and will not let her make payments without putting half down.
What should she do.
I am filing for bankruptcy on Friday and I have been having problems with a particular creditor that has been harassing me at work and trying to take money from my bank acct and paycheck without proper authorization. Needless to say I am happy to get rid of this particular creditor.
I have just found out that this company is in the UK, I am wondering if my debt will be discharged and if so, will the creditor in the UK follow the rules of not contacting me after I file my bankruptcy papers?
Thanks for your help!
I have found out that this company has at least a mailing address in the US, not sure if it is a office though.
i don’t have the 00 to pay and it is a simple bankruptcy for one creditor just wondering if i can do it myself and just pay the state fee of 9?
Can a creditor file adversary in my chapter 7 bankruptcy if I used my credit account over 30 days prior to filing bankruptcy? What are the stipulations? How can I determine if I’m safe from a creditor filing adversary against me?
It has been 6 months since I filed, 5 months since my creditor meeting. Got a notice from the court saying they didn’t have my second class, which my bankruptcy attorney had. I’m starting to get worried, as it’s slowing down on moving on with my life. What should I do and how can this effect me?
My bankruptcy attorney filed my case later then he said he would. So a creditor took over 550 dollars out of my bank account (the creditor was a loan from the bank). Which caused it to overdraft and got a ton of fees. I made countless phone calls to him with no response and it took me going down to his office.on my lunch, to get him to fill the case. My questions is, can I hold him responsible for negligence because he didn’t fill my case when he said he would and try and get the money from him? I am so angry about this, any advice will sure help!!
I found this intresting tidbit while doing some research online…
Repossession of Property: Not just phone calls and unfriendly visits, filing for bankruptcy will help you get back any property (including cars) that the creditor may have repossessed. (Provided the property has not been sold!)
from http://www.bankruptcyhome.com/creditandbankruptcy.htm
my car was reposessed about 2 weeks ago and is just now going up for sale. If I file for bankruptcy is it really possible to get my car back before its sold. I believe filing would require the bank to put a hold on the sale.
I know that I need the names and addresses of my creditors. Do I need to know the exact amount that they claim I owe? Do I need to know the account numbers? Do I need to know the names and addresses of all of the collection agencies involved? If I can not obtian the names of the collection agencies, but the original creditor is included in the bankruptcy, does that wipe out the debt completely or do the collection agencies still have a right to persue? I can provide the names, addresses, and account numbers, but I do not know the exact amounts that I owe. I also do not have any information on the collection agencies. If I need this information, what is the best way to go about getting it? I considered writing letters, but I was advised not to alert my creditors of my intention to file as they might increase their efforts to collect. Please help
After a long period of disability and a financially devastating divorce I have no realistic option but to file chapt 7. I’ve put this off for ages as I tried to save for legal fees. One creditor has begun court proceedings which I have thus far ignored. I need to end this asap and begin anew. My credit was perfect for decades before this disaster. I do not take this lightly at all, but now that it has happened to me, I just want to fix it and start over. Any advice on how to begin filing the paperwork, online resources to help guide me, etc. would be most helpful and greatly appreciated.
I am at the point where bankruptcy might make sense despite my best efforts.
Can I file for bankruptcy, settle with any creditor at 10% of the debt owed and then unfile (with the remaining debts as is..)
In other words the only thing that force the creditors to negotiate is the fear that they will get close to nothing once the bankruptcy has been filed.
I need to know if I should file bankruptcy. I have read online that IF you do not have ANY valuable assets, and limited pay, meaning NOTHING by law that a creditor can take from you that there is no need to file bankruptcy? Amount owed is all credit cards (about ,000 maybe a little more) and also a home morgage that I would be happy to include. Is it better to just let them charge off the cards or to file bankruptcy? I have NO valuable assets at all and also get a SMALL amount of help from the state. I will answer any questions… I need TRUE advice on this PLEASE!
i also forgot to mention… these debts are already about 1 to 1 1/2 years old… some are already charged off… and others still contact me. It has gotten out of hand. Some credit card debts that had a 0 limit are now at over 00. Thanks all for answers!
I know that my credit card accounts with a balance will have to be submitted and cancelled.
I was told that my credit card accounts with zero balances would also eventually be cancelled by the creditors once they find out about the bankruptcy?
Will it look better if I cancel my credit card w/ -0- balance on my own or will it matter?
Should I advise the creditor b4 I bankrupt and ask if they will leave my -0- balance card open or will they cancel it anyway?
in Va. How much money should you have on the day you file and during the bankruptcy proceedings. At what amount would the creditor take money from the account to put toward debt? Are there any ways to keep the money in the account and keep creditors away from it?