What happens to my cell phone?

[2Bshinyandnew]

I am current on my Sprint account and out of contract. I have a credit of $63(paid too much on last bill). I actually qualify for a $75 upgrade discount. I am currently on the "Sero" program: $30/month for 500 minutes, unlimited Internet and texting. The Sero program is awesome and i don't want to lose it. Plus its my only phone, I kicked the land line 8 years ago.

1.) Should I re-up so I am under contract(I could use a new phone as mine is getting old)?
2.) How do you list them in the BK? (some list as a monthly expense, and some as a creditor.)
3.) does sprint cancel my account or what?

Anybody thats experienced this, please let me know.

Not really exactly on topic....

Sero is awesome. I have it myself. I read that somewhere (maybe it was a sprint user forum?) that when sero customers contract expires, Sprint is not offering to renew the sero plan. I was surprised (and happy! ) to see that you have been able to keep your sero rate plan on a month to month basis. I thought for sure when my contract is up in June I would be forced to switched to the "new" Sero Fair and Flexible, which is about $30 more a month for the same plan.

I tried flipping my phone # back to an old sprint phone 3 months ago, something I have done about 3 times since starting with Sprint and Sero, and was told by CS that they couldn't do that without changing my plan. I of course threw a hissy and they eventually flipped the # without changing the plan. I will be grateful to keep the sero plan as long as possible, even if I am stuck with a crappy phone.

[Brighterdays]

ok if you are filing chapter 7 you MUST list all creditors The trustee will most likely ask you if you have. your cell phone contract is a debt

Not true. I just got back from my attorney. She has been doing strickly BKs in Northern ditrict of Ohio for the last 8 years. She seems real competent and averages about 10 to 15 bks a month. of course I inquired about the cell phone and she said if I want to keep it and its current, I need to list it as an expense. If I want to get rid of it, I list it as a creditor. 8 out of 10 of her cases involve a cell phone and this is how its handled here(other state, YMMV).

she has never had any Credit card companies try to file claims either. I asked her about the tv I bough from Best Buy in january, she said that best buy is funny, as they always send her a letter asking if the filer is going to reaffirm the account or turn in the merchandise. She never responds to the letter and they never proceed any further. She also doesn't detail household items. she just put them in one lump sum of $2500 or $3000.

I did ask her if I could pay her with a credit card(just testing if she was any good). She laughed and said definately not, she quoted me how that would fall under xyz law of fraud. She said technically attorneys couldn't legally take payments as that would constitute prefer payments. She was pretty sharp. she did tell me that since i have consulted with her that I shouldn't use any of my CC. The trustee here only needs the bank statement from the day of filing(check for funds) not 6 months, and no other paperwork no CC statements or anything. Frickin WoW I asked her about the balance transfer I made last month to pay off half my student loand. she said as long as its out side the 90days and the money didn't pass through my account, it won't be a problem. Another Frickin WoW!!

I feel a heck of a lot better after talking to her. Especially since she had examples of previous case to share with me.

[StartingOver08]

Your district appears to be very, very easy!! Good for you...

[Brighterdays]

Your district appears to be very, very easy!! Good for you...

Yeah, I hope so, and thank you. I even brought up some balance transfer(2 for 3k, 2k) that I did last month. She mentioned that even within the 90day window she hasn't seen anybody get called out for it. I think I am still going to wait the 90 days out. I am prepared to pay them if necessary as they were student loans. I figured what the heck could it hurt to try?

[Iamtoobroke]

Brighterdays-- That's exactly what my attorney told me--also Ohio. Cell phone can be expense and I just keep paying like any other utilty (and Sprint is not notified or listed in creditor matrix) or if I want to get rid of it or if there is a past due balance I wish to discharge, it can be listed as a debt.

I also only have to provide a bank statement that shows the balance as of the day I filed--no 6 months or anything else. If something seems awry to the trustee, they may request prior statements, but that is rare.

[Brighterdays]

Brighterdays-- That's exactly what my attorney told me--also Ohio. Cell phone can be expense and I just keep paying like any other utilty (and Sprint is not notified or listed in creditor matrix) or if I want to get rid of it or if there is a past due balance I wish to discharge, it can be listed as a debt.

I also only have to provide a bank statement that shows the balance as of the day I filed--no 6 months or anything else. If something seems awry to the trustee, they may request prior statements, but that is rare.

Did the trustee ask you if you had any balance transfers or cash advances " outside" or inside the 90 days before filing?

[Iamtoobroke]

I have not had my 341 yet. It's a week from tomorrow. I'll let you know what she asks. (I do know my trustee is a woman) My attorney was the one who said all I need was the bank statement showing my balance the day of filing. (and also was all that was requested on the letter I received from Bankruptcy court after filing). I don't have to bring anything to my 341 other than identification and the bank statement. Of course, my attorney is bringing my 6 months of check stubs and a copy of my car title that I have already given him, as well as my 2007 and 2008 tax returns. Other than that there was nothing else requested. No cc statements, previous bank statements or anything else other than the one bank statement 2 years of tax returns, check stubs and car title.