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credit card ask to reaffirm. mortgage company and car loand wont send statement.

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    credit card ask to reaffirm. mortgage company and car loand wont send statement.

    What should I do credit card ask me to sign reaffirm they think I was overcharge before filing bankruptcy.?
    I called my car loan they said will not send any more statement.what should I do.?
    my mortgage company did not send me monthly bill. this is a line of credit I need to know interest rate and balance? what should I do.?
    After your 341 meeting waiting for discharge what if you have object from credit company what will happen?
    I used credit as cash advance. buy food.

    when you file should you get a copy of petition from your lawyer?
    I never recieve anything from my lawyer.

    what will happen if creditor object to your bankruptcy?
    Last edited by svvo4123; 11-04-2005, 03:34 PM.

    #2
    How did you use this credit card in the time before you filed? The creditor could object to your bankruptcy.

    You will not receive statements for any debt while you're in bankruptcy. It's your responsibility to pay what you owe. Car payments should be the same now as they were before.

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      #3
      You can call your lender and usually they have a recorded message about where to send payment. Some places will take check by phone and not charge you a fee either. Also put a letter in it with your name, account number, address etc., or copy an old statement and send that with the payment. You also need to remember that no creditor is allowed to contact you while you are in the process of bankruptcy.
      One of my car lenders asked if I really wanted to pay it. They also wouldn't give a minimum amount due either.
      Your attorney should have discussed recent cc usuage with you and the probability that you would have to pay that back. If your attorney didn't provide you with a copy of your petition, you should immediately ask for one. NEVER, NEVER not have a copy of something like this. You should also keep it for several years, not sure how long. Will keep mine til I croak probably, ( I am a pack rat). You also need to remember that YOU are responsible for what is in that petition. The trustee will be asking you the questions, you will be under oath, etc.
      Good Luck
      I'll be watching, you may never know when or how, but I'll be there. I am there now....

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        #4
        I would first worry about reaffirming the car and mortgage. You will deal with their BK offices for at least one year. Light is right, no statements until you reaffirm. The Trustee will have a problem with cash advances that were recent, heck he may have a problem with any cash advance, not good. If you have Chase, pay on time, don't be one day late! I had one plus, no cash advances were ever taken out on any of my cards. I reaffirmed three debts. I made the decision to file in one week but had looked into FAQ's and lawyers online for about a month. I guess I just got real fortunate on Attorney's. My "mistake" was being to honest about assets. My Attorney never advised me to lie and walked me through what would be problems in my case. I had "Ben Cartwright". jeans, tie, boots, integrity and all for a lawyer. In Court (yes, we went before the Judge) he came dressed to the nines though.

        What dragged mine out was being honest about assets and not emptying the Bank Accounts beforehand. What helped me was that I almost never used cash and have had direct deposit for my pay since January 7,1985. there were tracable records of where it all went, also the Business was all CC since 2001 and Amex Merchant put that straight in the Business Account, no cash out, ever, all tracable. Added to that my story was plausible and conditions that occurred in our business and my regular employment that aggravatedd it all were proveable.
        "You once asked me for advice. You want some now? Never pass up a good thing." Lieutenant Jean Rasczak, Starship Troopers

        Join the Mobile Infantry and save the world. Service guarantees citizenship.

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          #5
          Originally posted by svvo4123
          ... credit card ask me to sign reaffirm they think I was overcharge before filing bankruptcy.
          Ask your attorney... As I've read, you do not have to reaffirm unless it is secured (by a lien) and you want to keep it, and it is exempt... AND, in many states/districts, do not have to reaffirm at all, just keep making your regular payments... Check the NOLO book "How to file for Chapter 7 Bankruptcy", page 7/14, it's probably in your local library. IN SOME states/districts you have to appear before a judge who must grant the reaffirmation...

          Originally posted by svvo4123
          ... After your 341 meeting waiting for discharge what if you have object from credit company what will happen?
          A judge will decide ...

          Originally posted by svvo4123
          ... when you file should you get a copy of petition from your lawyer?
          YES!!! At your 341 meeting, you may be asked if you got a copy, read it, and if everything is true...

          You can look at your case and download your files ... www.pacer.uscourts.gov ... it costs $0.08 cents a page and they bill you only after you use $10 or more per year.
          Last edited by quest42; 11-05-2005, 04:16 AM.
          I'm in N. California ... Thanks for your replies!
          10/11/05: bought www.form7.com software
          10/14/05: Filed Ch 7 BK Petition pro se skeleton
          10/27/05: Filed all schedules, etc.
          11/17/05: 341 meeting (done!)
          01/16/06: Last day to file objections
          01/18/06: Discharged, closed

          Bankruptcy LINKS

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