top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Personal business line of credit

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Personal business line of credit

    OK, so I had a side business that went under 3 years prior to bk. I had a business line of credit with the bank that I had to include in my bk. My business was a sole proprietorship, so my money was the businesses, and vice versa. The line of credit had a personal guarantee.

    My ch13 has been confirmed. The bank with this credit line is still calling me though, months after all the other creditors stopped calling. I called my attorney, and they said if they are calling for me personally then they cannot do that, but if they were calling for me "at the business" then there was nothing to stop them from calling. wth? as a sole proprietor, its one in the same.

    I do not want to talk to them if I do not have to. They have been notified and should leave me alone. They never mention collections, and did not file any objection to the ch13 plan. They sent me this empty threat letter a few weeks ago. It said that I needed to contact them real soon, or else they would be writting my account off as "bad debt" and it would hurt my credit. wooooo-hooo, scary, as if I didn't know that my credit would be hosed when I filed bk in the first place. Funny it did not mention anything about collections, because they know they cannot do that as I am protected by the bk. It is like they are just using their out of "calling me at the business" as a way to harass me. Is there any real concerns here? Has anyone seen this before?

    The way I see it, they made an investment that was not secured by collateral. Unfortunately for me and them, the investment lost money. I know if I had invested money with the bank and it lost money, they would say "too bad". Well, now the shoe is on the other foot, and they want to try and scare/harass me. I say "too bad". Turnabout is fair play IMHO, and I think the banks need to feel it for themselves once in awhile.

    I do not want to talk to them, and already have their numbers on "ignore" in my phone. I just have to delete the 10 or so messages they leave each week. Any harm in just ignoring them? I feel they just want to try and trick me, or pull a fast one on me.


    Thanks!

    #2
    Even if they did loan money to your "business", I'm sure that you signed a personal guarantee. Provided this debt was listed in your bk, you are protected by the automatic stay and they are violating the law by continuing contact with you. It's time for you to contact them, give them a copy of your bk filing, and remind them that the next contact they have with you will result in legal actions on your part.
    All information contained in this post is for informational and amusement purposes only.
    Bankruptcy is a process, not an event.......

    Comment


      #3
      Ask your attorney, but I agree with Frogger. I would send them a letter stating that the company is NO LONGER in business, that you are personally liable for the debt, and have filed for chapter 13. I would then send a suggestion of bankruptcy along with your letter.

      Comment


        #4
        hopenpray, I don't know if this will help, but I sort of went through a situation a little bit like yours last year.

        I had one loan secured against my business, that I believe was signed for by my now deceased father. I listed it in my chap 13. Then shortly after I filed, the bank called and asked what I planned to do about this? I said "nothing," and proceeded to give out my case number, and attorney's contact information. Then I hung up. The nasty collector immediately called back! My boyfriend took the phone, asked the person if he got a letter, and told him not to call again. The person called again, 3rd time, Boyfriend screamed so loud, he probably could have been heard the next town over! LOL Well, the collector called again. I took this call #4, and he said, but this debt is for XYZ Company, not Lilly Smith (not my real name.) I said that didn't matter, since he is talking about a single proprietorship, that XYZ Company was not a corporation or separate entity. That I was sure he had received a copy of my petition or his organization had, and if he had further questions, to contact my attorney.

        Well, the bank never listed themselves on my claims, my plan is now confirmed, and possibly they are past some type of "bar date." I also never heard back from that bank again. :-)
        Last edited by lillymarlene; 06-10-2011, 05:41 PM.

        Comment

        bottom Ad Widget

        Collapse
        Working...
        X