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Nervous for tomorrow!

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    Nervous for tomorrow!

    Meeting with Atty. for first time, after much phone consultation. We are bringing all our paperwork, although we probablly won't be able to file for 3 months, because we are current right now, but are letting everything go this month.
    What can I expect?
    WIll the creditors start banging down my door right away? Do I completely ignore them, or make up excuses?

    I can't wait for the day I can go get new tires for my car...CASH!
    Filing cpt.7 11/09 341- 1/21/10
    Report of no distribution 1/21/10
    Scheduled for discharge 3/22/10 (on my 15th wedding anniversary!)

    #2
    Just because you are current does not mean that you cannot file. As long as you pass the means test you are free to file. You do not have to wait and endure three months of non-stop phone calls from your creditors.
    New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!

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      #3
      Why do you have to wait three months?

      No one has banged down my door yet. I have two dogs in position to hoist a lab licking attack should this occur.

      I stopped paying my mortgage in July. Thus far, I've only received two calls. I returned the first call (from an alleged affiliated attorney) and he couldn't find my information in the system. I didn't return the second call as I have no desire to waste my time and incur phone charges. I skipped my first Discover payment this month and I began receiving calls approximately ten days past-due. These people have been relentless; although, only one voicemail message has been left. Citi hasn't been paid and they haven't called. I'm sure the phone calls will intensify; although, I intend to file by the end of the month which would mean some of my creditors will never be past due. My attorney was officially paid in full today. If the calls accelerate, I'm simply going to pass them along to him.

      More than likely, you'll receive plenty of mail outlining all the exciting changes to your financial world...increased rates, decreased limits, late charges, past due reminders, offers to assist, etc. My favorite are the notices claiming to "periodically review cardholder accounts to determine the appropriate credit line". Periodic? This is the first time in my life I've missed payments! My recycling bin is getting heavier and heavier!

      Good luck tomorrow! My consultations were challenging as there is much to be absorbed. Thankfully, this forum offered wonderful guidance!
      *Filed: September 23, 2009 *341: November 4, 2009 *Discharged: January 4, 2010 *Closed: January 20, 2010

      Hakuna Matata...it means NO WORRIES!

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        #4
        I am assuming 3 months because of "preferential treatment" of creditors. We have a LARGE BOA loan (33,000) that I currently pay $600 a month on. We have always paid it, along with everything else, skipping things like dental appointments and vet visits, and its all just too much.
        Plus, hubbys paycheck will go down in October due to a change in pay structrue, which will only make things harder, but probably easier on the BK front...
        Filing cpt.7 11/09 341- 1/21/10
        Report of no distribution 1/21/10
        Scheduled for discharge 3/22/10 (on my 15th wedding anniversary!)

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          #5
          Don't worry about the preference issue. That's between your trustee and BOA should the trustee go after those funds. It will have no bearing on your bk.

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            #6
            BofA started calling right away for us. They're the most relentless of all the creditors we have. The number always shows as unknown and they call at least 15 times per day.

            Discover is also relentless about calling. Probably 8-10 per day.

            Wells Fargo calls a couple of times per day and sent us a settlement letter after being only 7 days past the due date. They offered to settle for .70 on the dollar. I think we will stick the BK plan and settle for .00 on the dollar.
            Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
            "One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."

            Comment


              #7
              Your attorney will give you a correct time frame on filing. If it's the issue of paying attorney in full, then you will be fine. Ask if he will handle calls for you. If so, give all collectors his phone number and name and what chapter. We did this, they quit calling once they spoke with our attorney. It wasn't a big problem. Even if you wait 3 months, you will be fine. They will call, but if your attorney is willing to handle calls, they won't bother you.

              Welcome aboard, good luck!
              Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

              Comment


                #8
                Just my experience with BofA. I had a HELOC for $127k and another for $50k.
                After the first call, I let the answering machine take the rest which was dozens daily. I DID NOT ANSWER THE PHONE. They filed forclosure about 8 months later but I sold one property, and the other is up for foreclosure sale next month. If I had been living in the last house, it would have been rent free for about 18 months. I don't believe BofA will come after you in a hurry.
                Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009

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