New here...has anyone experienced this?

[HollyM]

Hi Everyone,

I'm new here and was so glad to find this site. I'm married and unemployed and filing Chapter 7 soon. I just started the paperwork this week and now am in the process of completing all of those forms. My husband is trying to get the $ together for me to file ASAP...let at the end of next week...b/c I am being sued by a credit collection agency and that's scheduled for August 3. My lawyer said that I don't have to attend that, however, I need to call him back tomorrow and check if that's only if I've filed before August 3....or if it's b/c I began the paperwork? Has anyone been in this boat?

I'm just so sick and nervous over all of this. I just am so ashamed to have gotten to this point. Plus, my student loan is in default and I'm now dealing with that, too, all at once. No one to blame but myself, and I'm being proactive now, but I feel just horrid.

[Minnymouth]

Your attorney will more than likely file a "intent to file bankruptcy" with the Court to cover the lawsuit from the collection agency..... But he won't do it unless you have retained his services by the day before the court date.....

Sooooo, headsup, calm down, get the ducks in a row and get that paperwork and money to the attorney.

Your student loans are non-dischargable so they will go into "halt postion" until your bankruptcy is over, and in the mean time you need to make arrangements to get back on a payment plan for them as soon as your bankruptcy is over.

Feel free to ask questions, we're here to help..........

[Misha707]

Oh, so I wouldn't pay my student loans once I file? I thought I still would be paying them during the BK. What about utilities & such, will I need to use a check or a paypoint to pay those kinds of things, or should I still be able to pay them online?

Wow, I hadn't even considered that part of it.

Planning to file before Aug 1st, just waiting (1 week & counting) on the lawyer to finish the paperwork so I can go in and sign. Then he'll file.

[JRScott]

You will need to pay utilities, rent, any car payments for vehicles you want to keep.

Student Loans are in a special category though if you are current on them it might be best to keep paying them. If you aren't current you are going to have to come up with a plan to become current with them. Your lawyer might help you make this decision.

What you would not pay is any credit cards, personal loans, car payments for vehicles you plan to surrender, and the like

[follie]

My student loans went into deferment (they were late but not defaulted) until after the BK. I don't have to pay them until after discharge.

[Misha707]

Okay, thanks!

I'm current on my student loans, I'll keep them that way. I knew I needed to pay on utilities, etc, I just wondered it they would allow me to still pay online, or do they make you pay by another method during the bankruptcy process? I'm surrendering the car, or rather I'm telling them where they can repossess it from my deadbeat soon-to-be ex who isn't paying for it, but is still using it.

Misha

[mattson06]

Welcome misha and holly

welcome to bk forum i'm sure you'll learn much here that will be helpful as you start your journey to fresh start good luck and hope we can help and encourage you along the way

[HollyM]

Thanks everyone.

[guzzie]

Lawsuit

hi all....great forum...holly, was threatened with lawsuit...took c course june 4, 2007 was a breeze. as soon as i faxed certificate to attorney june 5,2007, case was immediately filed electronically and that was that...if they
get letter of intent to file, that should stop them...I took the debtor edu course june 6, 2007 and got that certificate...attorney said he thinks i broke the record for his office getting both certificates in 2 days!!! you will have no problems completing these requirements...went through greenpath...my 341 is july 27, 2007 9:00 am. can't wait to get this one out of way and count down to sep 25, 2007....best of luck to all of you on this forum with your cases....guzzie

[HollyM]

Thanks, guzzie.

[CindyLou]

you can request a forebearance of your loans while in BK. They will grant it if you ask and they can retro it to your default date so that it will then reflect a good payment history.