Ok short of it goes like this
DW and I have a gold's gym membership that we want canceled. Included them in the chapter 7 filing. Attorney forgot to add the to matrix he amended it back on the 23 of march. I called Gold's on the filing day back in Feb about the bankruptcy. Gold's auto debited the membership fee on April 13. I call Gold's parent company telling them to return the money they basically refuse saying they never got the notice. I give them the case number again and tell them they need to return the money as the amendment was clearly filed weeks before the drafted another payment. They still said they would have to contact my attorney.
Anyways I call my lawyer who says I should have told the bank to stop payment on any auto drafts and it's not really something he will work with. I have since called the bank but I don't really see how it's the banks job to undue the damage a creditor caused. He also confirmed that since that time no one has called him asking anything about this charge. So it's obvious Gold's is playing the we have your money your screwed game. It also appears I have a bit of a lame duck attorney as they had plenty of time to get the filing and refuses to return money after being told the case number on a near 2 month old case now and it sounds like a clear violation of the stay. One of the most clear cut case judgments I found was this http://www.nazarethlegal.com/userfil...0of%20stay.pdf
It's in a dif state but it's all federal law so should apply well in this case.
And here's a question. I have past due hoa fees that originally were about 300, now gone up to near 500 as they got an attorney to put a lien on the house. Back when I filed I told my attorney I intended to keep the house but now I'm not positive. Wife's income is lower then it was even 3-4 months ago, lost overtime, being called off work, etc etc. As such if this keeps up I may want to look at a cheaper place.
The house is not that upside down, maybe %~5. Now these fee were there back when I filed but my attorney did not add them to the matrix as then I said I wanted to keep it. My question is since this is Pre-petition debt can I amend this and have it discharged and if I do stay in the house come next jan, when hoa dues come around again, do I just pay the new fees as long as I still hold possession of the house. Does it matter if I stay in the house or not? I don't even have the option to re-affirm as it's with Countrywide and they have not sent any re-affirm paperwork.
And my attorney office told me nothing useful when asked so I'm hoping someone can point me in the right direction so I can stop going nuts.
Thanks for listening, again.
DW and I have a gold's gym membership that we want canceled. Included them in the chapter 7 filing. Attorney forgot to add the to matrix he amended it back on the 23 of march. I called Gold's on the filing day back in Feb about the bankruptcy. Gold's auto debited the membership fee on April 13. I call Gold's parent company telling them to return the money they basically refuse saying they never got the notice. I give them the case number again and tell them they need to return the money as the amendment was clearly filed weeks before the drafted another payment. They still said they would have to contact my attorney.
Anyways I call my lawyer who says I should have told the bank to stop payment on any auto drafts and it's not really something he will work with. I have since called the bank but I don't really see how it's the banks job to undue the damage a creditor caused. He also confirmed that since that time no one has called him asking anything about this charge. So it's obvious Gold's is playing the we have your money your screwed game. It also appears I have a bit of a lame duck attorney as they had plenty of time to get the filing and refuses to return money after being told the case number on a near 2 month old case now and it sounds like a clear violation of the stay. One of the most clear cut case judgments I found was this http://www.nazarethlegal.com/userfil...0of%20stay.pdf
It's in a dif state but it's all federal law so should apply well in this case.
And here's a question. I have past due hoa fees that originally were about 300, now gone up to near 500 as they got an attorney to put a lien on the house. Back when I filed I told my attorney I intended to keep the house but now I'm not positive. Wife's income is lower then it was even 3-4 months ago, lost overtime, being called off work, etc etc. As such if this keeps up I may want to look at a cheaper place.
The house is not that upside down, maybe %~5. Now these fee were there back when I filed but my attorney did not add them to the matrix as then I said I wanted to keep it. My question is since this is Pre-petition debt can I amend this and have it discharged and if I do stay in the house come next jan, when hoa dues come around again, do I just pay the new fees as long as I still hold possession of the house. Does it matter if I stay in the house or not? I don't even have the option to re-affirm as it's with Countrywide and they have not sent any re-affirm paperwork.
And my attorney office told me nothing useful when asked so I'm hoping someone can point me in the right direction so I can stop going nuts.
Thanks for listening, again.
Got to love family feuds
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