I will be sending the letters to my CC's please help me out

[StartingOver08]

I am new to all this, but you are paying a lawyer, correct? Why can't you just have the lawyer request the info form the CC companies? I am sure he has more experience in wording letter so as not to put up a red flag.

Actually it is up to the debtor to provide the information. Even in the retainer agreement that fact is emphasized by the attorney (usually).

As the others have said, keep the request simple - ask for the 2 yrs cc statements. She is entitled to them anyway. She needs to show that she was actively working to get the info that the Trustee has requested, and this is proof she asked the cc co's for it.

[SubPrimeME]

I am new to all this, but you are paying a lawyer, correct? Why can't you just have the lawyer request the info form the CC companies? I am sure he has more experience in wording letter so as not to put up a red flag.

Not only what the last poster stated, but Jesse's atty hasn't been what we like to call - 'helpful'....

[kenshirley]

2 years is ridiculous to expect.
What use is it?

[TEW]

2 years is ridiculous to expect.
What use is it?

[dingdong]

Could you kindly ask for the statements, giving them the opportunity to avoid a subpeona?

Simply state, I am requesting the last 2 years of CC statements. IF you do not comply you will be subject to suppeona by a federal judge. My request is made in good faith in order for your company to avoid the legal feels of a lawsuit and subject you to a federal subpeona.

Kindly send the requested documents within 5 days to blah blah, Bankruptcy Trustee and me. (You don't have to use UST.) Place a simple authorization for them to send them to the UST in the letter.

[catleg]

I'm curious how this works out because from the bank's perspective they don't want to send anything out that might be construed as a violation of the automatic stay i.e. a statement or bill of anykind.

[StartingOver08]

I'm curious how this works out because from the bank's perspective they don't want to send anything out that might be construed as a violation of the automatic stay i.e. a statement or bill of anykind.

You are right. But maybe the BK dept of the CC co's will cooperate??? IDK. This is a tough one.

[Trixie007]

A big thank you!

I just have to say that I really appreciate your posting on this. It motivated me to go online and download statements while I still can, and beef up my files. I hope I don't have to go back two years, but at time of filing I will have anywhere from 9 months to 2 1/2 years of statements on all of our cc's. If I need any of this, much of it will already be taken care of thanks to you!

I hope that you have a positive outcome and that they all cooperate or the Trustee sees that you did everything that was in your power to do!

[jessegirl]

I just have to say that I really appreciate your posting on this. It motivated me to go online and download statements while I still can, and beef up my files. I hope I don't have to go back two years, but at time of filing I will have anywhere from 9 months to 2 1/2 years of statements on all of our cc's. If I need any of this, much of it will already be taken care of thanks to you!

I hope that you have a positive outcome and that they all cooperate or the Trustee sees that you did everything that was in your power to do!

You are welcome.

I did call BOA and well let me say that they are a problem! They tell me that i will have to pay 5.00 per page for each statement. Which is crazy that will cost probably close to 200.00, just for the 1 account!! I had 5 accounts with them... That is crazy. They tell me that the other accounts are not with them and that they sold them off to someone else, which I am sure I will get calls and letters from them down the road. I tehn proceeded to call Am. Ex. and they say they will not send them that they have written/sold off the accounts too. I told them that I am sending a ceritifed mail return receipt and she said go right ahead but its been written off nd purged from the system, they cannot ring it up at all. So I can see where this is going to go! Those were the only 2 that I could not reach Friday. Well, I sent out the others this moring, it costs me 128.00, which is a hardship and probably will not even get the information I need.

[catleg]

Based on the 2 years time frame, I'd say the UST has some questions about your state of domicile...do you think that's possible?

[jessegirl]

Based on the 2 years time frame, I'd say the UST has some questions about your state of domicile...do you think that's possible?

my state of domicile?? Meaning where i reside, my house??

[StartingOver08]

Based on the 2 years time frame, I'd say the UST has some questions about your state of domicile...do you think that's possible?

IMO I don't think the state of domicile question enters into it....they also asked me to provide just in the normal course of filing:

A copy of all monthly statements for the previous three (3) years for all credit card accounts, even if closed or not used. Make sure to include any account held jointly or upon which you have or had authority to incur charges.

Maybe it has something to do with the district...or maybe it has something to do with the amount of debt. But if there was a question of where the OP lives, wouldn't that show on her credit reports (also required)? Maybe the Trustee is looking to see WHAT was purchased for $190,000 on credit cards? As in, are there any assets the Trustee can sieze?

[jessegirl]

IMO I don't think the state of domicile question enters into it....they also asked me to provide just in the normal course of filing:

A copy of all monthly statements for the previous three (3) years for all credit card accounts, even if closed or not used. Make sure to include any account held jointly or upon which you have or had authority to incur charges.

Maybe it has something to do with the district...or maybe it has something to do with the amount of debt. But if there was a question of where the OP lives, wouldn't that show on her credit reports (also required)? Maybe the Trustee is looking to see WHAT was purchased for $190,000 on credit cards? As in, are there any assets the Trustee can sieze?

I am with you on that, it oesn't have anything to do with my residence. I have no assets and the cc balances are basically clothes, living expenses over 10 years. When i spkoe with the judges office they say this is common. So we wil see.
Its a wait and see game, hopefully i will win

[catleg]

Sorry, I went thru chapter 7 about 11 years ago and I never had to produce anywhere near that amount of records. I didn't think they cared where the money went, as long as they didn't think you were hiding it. Maybe things are different now, or maybe it depends on the state or the trustee. Anyway thanks, you motivated me to start collecting all my online statements before they disappear.

[StartingOver08]

My attorney gave me a two page list of items to provide that ended up being 2000 pages to him...had to bring my petition info to him in a regular file box. Not everyone needs to do that...as every district is different. But better to have your statments downloaded and not need them then to go through the he&& that JessieGirl is having to go through now!