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Just picked up BK Workbook from attorney -- YIKES! will I be able to find all this?!

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    Just picked up BK Workbook from attorney -- YIKES! will I be able to find all this?!

    I am so nervous about trying to collect all my debt account info. I stopped paying on our cards so long ago that I haven't received statements in forever. I was able to get a couple online, but most have been charged off so are no longer available. I don't know which collection company goes with which OC!
    I called one account that apparently had been charged off and b/c it was charged off, the OC didn't see the account anymore. Therefore, they couldn't give me the balance.

    *If you're asking, "Why did you wait so long to file?", it's b/c I had to convince my hubby. He kept thinking things would turn around. They have, but we'll never get out of the hole we're in.

    Gads! I'm so intimidated by this workbook! How do I get account balances? What if I can't get all the statements/pay offs? What if I forget a creditor? What if I don't know the names of all the collection companies and which OC they go with??

    AHHHHHHHH!

    #2
    you can get the info you need from your credit reports. go to http://www.annualcreditreport.com and good luck!
    Filed 7/28/08, Discharged 10/29/08
    (filed pro se: nonconsumer no asset CH7)

    Comment


      #3
      As sole says your first place to start would be to pull reports from the three major credit reporting agencies. This can get most of what you owe.

      Next try to fish out old credit card statements and stay alert for any incoming notices at the mail box. If it has gone quiet then they are either in the process of selling the debt to someone else. Make sure to get an answering machine, and make sure your name is clear on the message. You can then catch a few more that way just in case.

      Anyway I was very similar when I started out, I hadn't paid some for 2 years due to finances and like your husband kept hoping things would turn around but the point comes when we have to realize they aren't .

      Good Luck
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

      Comment


        #4
        Sjr, I know it's overwhelming, but I think you're just fine in reality.

        Given that you don't have every single little bit of every little item of documentation requested, I would give primary attention to ensuring that every original creditor is listed as accurately as possible. This you can definitely get from your credit bureau, as suggested, and if you just look around your house at what you own you will be reminded of what you bought and on what account. If you have a full acct number, great. If you don't, give what you have.

        It is especially important to list every possible address for an original creditor (do not use payment addresses) as this ensures later that you did due diligence in making sure that any given creditor was duly and legally notified. That's really what protects you from any future challenge to the discharge of a given debt.

        Collection agencies and collection law firms are of secondary importance. If you have 'em all, great. If not, put what you do have. Do your very best to link up these third parties with the original creditor so that your schedules make sense to the clerk and the court. If you have to call one (***uggggh***shudder***) to find out what debt they are trying to collect, then suck it up and call, but hopefully you won't have to go that far. Again, the original creditors are MOST important. You want everyone to be notified, and you'll do your best, but honestly... don't sweat it too hard on the third-party collectors.

        If it helps at all, I did a post that went into detail about how to list original creditors, third-party collectors, and so forth for the same loan on Schedule F. Here it is if you'd like to take a look at it: http://www.bkforum.com/showthread.php?t=20890

        Good luck!!!
        Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

        Comment


          #5
          Originally posted by FreshLikeADaisy View Post
          Sjr, I know it's overwhelming, but I think you're just fine in reality.

          Given that you don't have every single little bit of every little item of documentation requested, I would give primary attention to ensuring that every original creditor is listed as accurately as possible. This you can definitely get from your credit bureau, as suggested, and if you just look around your house at what you own you will be reminded of what you bought and on what account. If you have a full acct number, great. If you don't, give what you have.

          It is especially important to list every possible address for an original creditor (do not use payment addresses) as this ensures later that you did due diligence in making sure that any given creditor was duly and legally notified. That's really what protects you from any future challenge to the discharge of a given debt.

          Collection agencies and collection law firms are of secondary importance. If you have 'em all, great. If not, put what you do have. Do your very best to link up these third parties with the original creditor so that your schedules make sense to the clerk and the court. If you have to call one (***uggggh***shudder***) to find out what debt they are trying to collect, then suck it up and call, but hopefully you won't have to go that far. Again, the original creditors are MOST important. You want everyone to be notified, and you'll do your best, but honestly... don't sweat it too hard on the third-party collectors.

          If it helps at all, I did a post that went into detail about how to list original creditors, third-party collectors, and so forth for the same loan on Schedule F. Here it is if you'd like to take a look at it: http://www.bkforum.com/showthread.php?t=20890

          Good luck!!!
          Hiya Daisy

          My lawyer told me to give him the payment addresses. Why do you say not to and does it really matter? I am confused by the conflicting info I have always seen on this. I am still procrastinating and must get this done in the next couple days.

          Many Thanks,
          ep
          California Bankruptcy Central

          Comment


            #6
            Its better to use the correspondence address as it gets to the right people the quickest. Most of the payment address the letter is not always touched by a human immediately.
            May 31st, 2007: Petition Filed by my lawyer
            July 2nd, 2007: 341 Meeting Held
            September 4th, 2007: Discharged and Closed.

            Comment


              #7
              Wow! ThankS! I didnt know that either!!!
              Not all those who wander are lost....

              --J. R. R. Tolkien

              Comment


                #8
                Hi Epiphany

                The problem is that if you only send it to a payment address, it takes forever to get to where it needs to go, IF it ever gets there. Many payments go to big third-party payment processing centers, and any correspondence mail gets thrown into big bins and shipped off to that company whenever. Even large credit card companies outsource their payment processing anymore, so there's really no guarantee it's in house and/or that your notice will get to anyone. I mean, we're talking weeks if at all.

                Now, if you send a notice to a payment address AND another address for the same creditor, no harm done. Indeed, if a payment address is all you have or can get, I suppose legally it would suffice for notification, but they would not effectively be notified.

                Best bet is to get the correspondence address off the bill, or call and ask where they'd like to receive legal notices. More and more companies are signing up for electronic notification, so a lot of it's just CYA, but CYA is a great thing.

                That's the why of it, anyhow. Good luck with your filing!!!
                Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

                Comment


                  #9
                  Originally posted by JRScott View Post
                  Its better to use the correspondence address as it gets to the right people the quickest. Most of the payment address the letter is not always touched by a human immediately.

                  But will payment addresses still work? I want to give my attorney what he asked for but want to be as proficient as possible. Maybe I will give him both.

                  Also I thought that I had read that a lot of the correspondence was done electronically. If that's so, then which address would be used?

                  I've been very confused on how this works. Thanks for your reply.

                  ep
                  California Bankruptcy Central

                  Comment


                    #10
                    Yes the payment address will work it just takes longer, if possible its best to use both
                    May 31st, 2007: Petition Filed by my lawyer
                    July 2nd, 2007: 341 Meeting Held
                    September 4th, 2007: Discharged and Closed.

                    Comment


                      #11
                      JRScott, payment addresses do NOT always work. Trust me on this. The big difference is whether there is a separate address for correspondence on the bill, especially in a different city; that's a dead giveaway that payments are going to a third-party processor who may or may not have contracted with your creditor to forward any non-payment mail items. They really do NOT always get there via payment address, even late.

                      Epiphany, you can send to both a payment and a correspondence address if it makes you feel better about the whole thing, but don't send it ONLY to a payment address if you can possibly help it.

                      Also, whether or not that creditor receives electronic notice doesn't affect what addresses you use on your matrix: you still have to list them just as if the mailed notice was the only one they'd ever get. It's an extra guarantee for them (and you) that they get notified, but you have to list physical addresses just as if electronic notification didn't exist.

                      Hope this helps... good luck!!!
                      Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

                      Comment


                        #12
                        Thanks Peeps! I really appreciate it.

                        I am just wondering if I give my lawyer all these different addresses, if he will actually use them all. Guess time will tell. I will just do the best I can.

                        Really appreciate the info JP and Crazy Daisy!

                        ep
                        Last edited by epiphany; 04-30-2008, 09:06 PM. Reason: stupid typo
                        California Bankruptcy Central

                        Comment

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