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    #1

    Not sure what to do with payments I've agreed to make on credit cards

    To make a long story short, I am working on filling out my BK 7 paperwork to get to attorney. It should be straightforward, I plan on reaffirming my house and car, which combined with utiliities about all I can afford on my reduced income (due to downsizing).

    To make a long story short ---I get several calls a day from CAs on my cell phone and have answered a couple not realizing that is what they were. To make a long story short I did agree to settle on a couple with small balances, (less than 500). I had gotten a small bonus at work and actually had some extra money. I tried to avoid giving my checking account out, but ended up doing it on one because they refused to take a check via mail. The other one agreed, no problem.
    I intend on telling my attorney when I turn in my paperwork that I have done this.

    Is that going to be a problem-they are post dated to the end of the month, which may be after my filing date? If my BK is file before they clear my account, are they to void the payments?

    I think since it is less than 600, it may be considered paid and it won't be an issue, but read several things on here that make me think it may be an issue and maybe I should try to stop payments.
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    #2
    Why did you pay them or offer too if you knew you were going to file bankruptcy? You could have used those funds to help pay your attorney fees.....

    If the checks are post dated and you file before the date on the check - then those funds in your checking account are part of the BK estate and the creditors should not be able to cash those checks (but the bank probably will anyways).

    If you are going to file BK do not pay anymore creditors other than your normal house payment/auto payment (only if your keeping them) and your utilites and insurance.

    Let your attorney know about those payments and post dated checks.
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

    Comment

      #3
      I know I shouldn't have agreed to pay anything on them, I thought that as soon as did it.


      I guess am just worn down..they call 3-4 times/day, have been calling my stepmother's mother in a different state....I've sent letter after letter asking them to stop but they dont....

      i plan on letting my attorney know, it would be nice to have the money back to help pay him...but i figure if I don't, I don't,

      Comment

        #4
        Were they large checks $300-$400????

        Stop payment on them if they are post dated, so it cost you $20 bucks - would be worth it in the long run.....

        Then, after your stop payment, withdraw enough money out to pay your attorney out of your account. Do not leave a lot in your checking account if possible.
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

        Comment

          #5
          Yeah stop pmt and file bk you might even consider closing that account and opening a new one with a different account number to protect your self.
          Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

          Comment

            #6
            Originally posted by bk07 View Post
            I guess am just worn down..they call 3-4 times/day, have been calling my stepmother's mother in a different state....I've sent letter after letter asking them to stop but they dont....
            It can be very hard to weather the constantly ringing phone until you file.

            Here are a few suggestions to try....

            If the collectors are calling and you know it's them, don't answer the phone. Let it go to voicemail, then delete the messages. If you answer and find out it's them, hang up immediately. Tell your stepmom's mom to do the very same thing.

            You don't have to talk to these cockroaches, especially if you know you weaken when you allow them to talk you into things you don't really want to do. These jerks can't talk you into anything if you aren't there to listen

            Don't worry about hanging up on these scumbags - there's no law that says you must talk to them. Hang up and keep hanging up. Put the ringing phone under a pillow if you must.

            Come back here whenever the ringing starts to get to you - we'll help you weather the pre-filing phone call storm! Hang in there - your phone will stop ringing completely within two weeks of filing And any calls that do come through, you will get the extreme pleasure of telling them you filed bankruptcy and give them your case number. Poof! They're gone
            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

              #7
              Originally posted by familyof7 View Post
              Yeah stop pmt and file bk you might even consider closing that account and opening a new one with a different account number to protect your self.
              I'd suggest not closing the acct. You have to disclose all bank accts closed within a year prior to filing BK and explain where the funds went.

              You'd be best off to contact the bank, stop payment on any checks you've sent and tell the bank certain Creditors are not allowed to auto debit your acct. You may have to go in person and fill out a form, buy you should be able to stop Creditors from taking money from your bank acct.

              I'd go to another bank and open a new acct for regular business. Deposit paychecks into and pay bills from the new acct at the different bank.
              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...

              Comment

                #8
                Close the account!! There is nothing wrong or illegal with having a closed account. The only reason you have to diclosed a closed account is so that you can account for any fund that were in the account. I think closing it is the only way you will be able to stop the electronic payment from going through. Check with your bank. Rules vary from state to state, but once you give a post dated check over the phone it is very difficult to stop if the account is open, but the BK should offer some protection. One thing you shouldn't let be a factor is whether you made "deal" with them or not. That does not matter. But for your sanity's sake. Dont' anwer the phone and make any more deals. Good luck.
                Chapter 7 Pro Se....Discharged Feb. 2006

                Comment

                  #9
                  If I close the account or stop payments..they can't come after me for NSF or check fraud?

                  Comment

                    #10
                    Originally posted by bk07 View Post
                    If I close the account or stop payments..they can't come after me for NSF or check fraud?
                    You need to stop payment on the checks at your bank first, then deal with the account.

                    There's a split opinion here in the forum about whether you should leave $5 in the account or close the account right before you file. Our Ch 13 lawyer told us not to close any accounts in the months before we filed, and others here in Ch 7 and 13 have had their trustees ask for an accounting records for a recently closed account. Ask your own lawyer what's best to do in your situation.
                    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

                      #11
                      Originally posted by bk07 View Post
                      I know I shouldn't have agreed to pay anything on them, I thought that as soon as did it.


                      I guess am just worn down..they call 3-4 times/day, have been calling my stepmother's mother in a different state....I've sent letter after letter asking them to stop but they dont....

                      i plan on letting my attorney know, it would be nice to have the money back to help pay him...but i figure if I don't, I don't,
                      When you are feeling weak, do NOT answer the phone and never never give out your checking account info! S&T

                      Comment

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