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    Please

    I have posted one question on the collection forum
    if you guys happened to read and know something and willing to share i will appreciate it.
    anyway does chap 7 wipe out collections.
    I dont really have personal property.
    the car is paid off but come one that car was an old old one which i baught for 500 bucks and fix it. the one was 96 dodge which is old too
    I baught the nolo book to understand the petition.
    Am i in the right place? where i can somehow expect that somebody with a good heart will guide me to my schedules or petition explaining me what to put in it. or its asking to much that needs legal advice..
    I want to file next week coz those creditor they have been taking my husband checks and i feel sorry how he work hard as a cook in a fast food and be left with 300 a month. thank You guys!

    #2
    Califer:

    I copied & pasted your post from Collections to here as it has more information in it.


    __________________________________________________ ________

    Hi Guys I am so new here just about 5 mins ago.
    Anyway I am intending to file Bankruptcy without a lawyer.
    Heres my situation
    I have 2 cars which totally junk Im lucky to get 1500 for both.
    and I make about 2300 a month and my husband makes about 1400 a month
    Both our credit cards are maxed out. Lets say 60k - 90 in debts. (unsecured)
    and i pay about 1100 for my mortgage that im willing to keep.
    Now heres the thing my husband stop using his credit card 2 yrs ago.
    and i havent use all of it except for one card which like 5 months ago.
    I am only 3 months behind payment.
    Discover has been garnishing 25% of my husband earned money.
    Only I bump into someone who mention about Bk
    whats gonna happen with collection?
    How can they stop taking money from my husband? will i be able to get all those money they have taken from us even we didnt tell them about his payroll number.
    I requested a credit report today. it should be coming by mail.
    and im intending to get a credit counseling from cccss not sure something like that which is from here. I called them and they said they served 50 states Hope trustee will acknowledge it.
    So if i got the CC and credit report and all necessary documents Should i go ahead and fill up the petition and send it to the court nearby me?
    im intending to file Chap 7

    thank You for taking the time
    cafiler (SOCAL)

    Comment


      #3
      Here is a Means Test that was written by one of the members, DebtStinks.



      I would begin by taking this test to see if you qualify. I gather you live in Southern California? You will need to know what County you live in.

      Also, Income (previous 6 months, to get an idea) is Based on Gross which is Before any withholding taxes, insurance, etc. are deducted. Figure your expenses on the last twelve months.

      Filing Bankruptcy is Not Easy. Use DebtStinks means test and print it out. I'm sure you can look in the Yellow Pages and find Bankruptcy Attorneys who give free consultations. Make an appointment with several and go talk to them.

      To answer your original question, yes previous credit card debts are dischargeable in a Chapter 7 Bankruptcy and when you file the garnishment will stop.

      Luci

      PS Hopefully in the 'normal hours' the Gurus will be online and will be able to help you.

      Comment


        #4
        If you can not afford an attorney to help you file BK, there may be a possibility that you can be helped through "legal aid", through the state or county government. Is that a possibility for you? Once you file bankruptcy, collection activity should stop. Beware of those credit counseling companies - many just make the problem worse while enriching themselves.
        Filed Ch 7 -- July 9, 2008
        341 mtg ---- August 14, 2008
        Discharged ---- October 17, 2008
        Closed --------- December 11, 2009!

        Comment


          #5
          thanks people

          I went to see a lawyer he charge so much. can't afford it period.
          He said I cannot get my money back from the creditor who has Been taking my husband's 25% check every month but if I file bk they can't get no more
          I don't own much n don't earn more than 3500 included already from my husband salary.
          I have taken the means test but didn't save or get a copy just we took it. from going to consumer something . com
          I actually have my credit counseling which I got from here
          it's called cccs credit counseling consumer service of atlanta I paid 50.
          I called them and ask if it's good for my area. she said it's good for 50 states.
          I'm filing chapter 7
          haven't use my credit cards for 2 years.
          now I'm Reading nolo 2009 edition to fill up the petition
          Im just afraid of 2 things.
          one is my house isn't on my name
          because my brother owns it. I pay it because I wasn't qualified for the loan it went to his name but I live n pay it n he lives with us.
          I have no contract or receipts that will say I'm renting his house. but my bank will show I'm paying mortgage.
          I know unsecured debts such as credit cards can be wipe out
          Should I put them to schedule e or f.
          Thank You guys. I will keep Reading the forums.

          Comment


            #6
            Umm, not really sure here. But if the home is NOT in your name then I would guess the law is going to look at you like a renter. I doubt it will matter that you pay the mortgage company directly... you are just paying your rent directly to them.
            Filed Chapter 7: 06/09/09
            341 Meeting: 07/16/09
            Discharged: 09/21/09
            Case Closed: 09/25/09

            Comment

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