Met with Attorney & he is filing our BK on 9/30/00

[LuciluS]

Typo in heading. Atty filing 9/30/09/

We met with him yesterday. With Dh's truck payment our dmi was $1,050. & some change. So he said he would not sign the reaffirmation papers on Dh's truck as the payments are $437.98 a month. So, he took the truck payment off & we were $552 & some change negative each month.

Attorney asked me how we managed to go this long. I told him our Tax Refunds & the $5,000 I got in Feb. have kept us afloat until this month and we didn't have the money to pay Dh's truck payment. It was due on the 17th, late on the 28th & we will be filed on 9/30/09. So Attorney said we could keep the truck until they file for a motion requesting to come get the truck.

He gave me a list of Creditors to go over. There were 2 Creditors missing & about 10 that did not list the collection agency. I faxed them & his Paralegal (fairly new, about 1 to 1/2 months) told me if we had another account she didn't need to list them again. I argued with her as one was almost $7,000 & she listed the lower account we had with Citicards. Same with Chase, we had two accounts & she only listed 1. Also, she said she didn't need to list the Collection Agency. I told her that her boss added one that I had gotten in the mail after I dropped off my paperwork on 9/2/09.

I sent an email to my Attorney and told him I wanted ALL accounts list with their respective balance as of 8/31/09 and I wanted every Collection Agency listed with the Original Creditor. I told him I was very detailed and I wanted Everything to be correct.

He said the UST or Trustee would not bat an eye at our Petition. Just that we would need to show up for the 341 hearing which ironically is held in the Bank of America Building (he said he despised BOA). He told me I didn't need to get a Pacer account as we would be notified by him and the Court of everything filed in our BK.

Am I wrong to demand the Collection Agency be listed for every Credit Card? He also said the $500 I had paid my sister last Nov. & Dec. the Trustee would not attempt to go after the $400 as it would take up too much of his time & BKs are increasing everyday.

If I don't get a Corrected Creditor Matrix in the mail by Mon. afternoon, I will email him again & call Tues. morning. Found out that he has raised his rates since we paid him last Sept. by $300 which I didn't blame him.

Luci

PS I wonder how long it will take US Bank to come pick up Dh's 2006 Dodge Dakota. We owe $21,000 & retail value is $16,000.

[justplaintired]

You know the one thing you can do to check your matrix is sign up for Pacer. I liked being able to keep track of things. I knew what was going on before my attorney did. I also knew we were discharged before the discharge papers came. So regardless of what the attorney said, for what it cost, you can check your own case out and make sure nothing strange is going on. Might give you some peace of mind.

Congrats on making your first big step. Soon you will be watching those hamsters dancing just for you!

[doingpoorly]

Luci, you are on your way.
I am sorry to hear that keeping your dh truck won't be a possibility after all, I know that it was important to keep it to maintain your quality of life. I hope that getting dh to and from work will work out ok.
I didn't have collection agencies to list because I was up to date until very close to the end, so I don't know about listing them, but I would expect your attorney to give you a good reason for not listing things the way you want if he doesn't feel it is necessary to list them.
You are one step closer to relief.
take care

[liz417]

Hi Luci,

You are on your way...the 30th is next week (of course, you are only 9 years too late -you put 00 in your header ).

I think you should sign up for pacer, I like going on there and knowing what is happening with my case. Also, I'm glad you insisted that your Matrix be accurate, my attorney left some things off (like account numbers and wrong balances!) too and I remember mentioning it to him/his assistant and they just blew it off. We needed to file THAT day, so I let it slide and utlimately it really didn't matter as the Trustee didn't really care about the details...but I was sweating it out!

Anyway, congrats on getting the ball rolling'.................................

[jadams]

It's not necessary, but if you have the information on the collection agency I don't see any reason not to list it. Might as well be an accurate as possible if you've already done the work.

Good luck, I hope your filing proceeds smoothly.

[LSUTiger32]

Hey Luci, glad to see you and that you are moving forward. Only a few days away for you now! Check out my large thread, I had my 341 and we are in the 60 day club now!!!!

[killinstinct]

Am I wrong to demand the Collection Agency be listed for every Credit Card? He also said the $500 I had paid my sister last Nov. & Dec. the Trustee would not attempt to go after the $400 as it would take up too much of his time & BKs are increasing everyday.

First of al, Luci, CONGRATULATIONS!!!! I know that this has been a long time coming for you....

Secondly, relax. It will be fine. You guys are a no-asset Ch. 7 right? My attorney assured me (and I have all the confidence in the world in him) that there is strong caselaw showing if you are a no-asset Ch. 7 and EVEN if you FORGET a creditor, that debt is still discharged. That is part of what it means to be NO ASSET. There is nothing for them to take!

Hang in there!!! Let them worry for you!!!

[2manybills]

Congrats Luci! I'm glad you're getting this ball rolling.

[bkmaggster]

PS I wonder how long it will take US Bank to come pick up Dh's 2006 Dodge Dakota. We owe $21,000 & retail value is $16,000.

Luci, I'm proud of you, this has been a long time in the works.

It will take at least 30 days AFTER they file a relief from stay. You have some time.

Also, if your lawyer thinks it's ok to not include the collection agencies, then it is ok in your district. If you are no-asset it doesn't really matter anyway.

I wish you the best. I never thought I would make it through, but I got discharged on Wednesday. You will be OK!!!

[LuciluS]

2nd Car

Hubby was going out tomorrow to find a vehicle to buy. I told him - No...it's not a priority right now as we have some time to look at cars.

I told him his first priority was to get the groceries we need to cook the meals while he takes a weeks vacation & his Mom & Granny are flying down from IN on the 3rd. Hoping to get the calls over with Oct. 1-2 as his granny does not know about the bankruptcy. She is 88 yrs. old.

I don't care what the dang districts are accepting or not accepting. I want our BK Petition to list every dang piece of paper I received. To showing a Chase Account with a balance of $4,000 & not listing one in my name with about $7,000 doesn't cut it for me.

I want ALL Original Creditors listed and the Collection Agencies, also. I don't care if it's not required. It was in our package our Attorney gave us last Sept.
My take is: if Debtor goes to all the trouble to follow his package guidelines, then the BK Petition should show everything.

Yea, our Attorney told us our BK should fly right through the 341 hearing, which he said would be middle or a tad bit later in the month of Nov. He said one day last week he didn't leave the BK Court until 6:20 pm. He also said their were 6 Trustees and he usually gets the same one & he kinna laughed. Told him I figured the Attorneys who are filing all the petitions usually get their choice of Trustee...he just smiled.

I spent all that time marking every receipt hubby would get out on the road for each week & would put a calculator tape on it & list it on a Monthly Expense Spreadsheet. Of course, a few receipts including $6.00 for Lottery. I just took a pen & scratched through 'Lottery' & put Magazine, but did not include the amount.

I honestly don't think our Attorney looked at any of Dh's trucking expenses or the Medical List Spreadsheet that showed we paid $1,098 a month in medical expenses. He handed it all back to me and said I don't need these receipts.
They were all messed up too. Think before 341 hearing will put them back in order, Just in case.

I just hope we can save some money for a car to get hubby back and forth to work which is about 50 miles one way. But dang, we haven't paid most of our CC since late last Sept. & haven't been able to save any money. We have our Property Tax bill of $411 due on 10/10 & Dh got his first speeding ticket in 16 years of driving over the road. He was in Germantown, TN messing with his new phone & didn't change his cruise control from 65 to 55. Ticket was only $74 which suprised me.

Gotta list our meals for 10/3 - 10/10 and get the groceries this weekend for his Mom & Granny. I have invited my Son, his wife & my 3 precious grandchildren over on 10/4 after church for Lunch. The live about 17 miles from us, but their church is further, so it will be a 45 min. drive for them. Was going to do Turkey Chili, but it will take a lot of ground turkey & that is expensive. Think I will get a spiral glazed ham, make mac & cheese & green beans. Will buy some kind of dessert. Of course, Granny is The Cook & she wo't be happy with dessert not being made from scratch. She will be in for a rude awaking as we cook everything with Ground or Cutlets made from Turkey. She says she doesn't like Turkey. I know she will not even be able to taste the difference in our Meatloaf.

I'm glad the meeting with the Atty is over & we signed BK Petition. Not really concerned with our 341 hearing. Just want to get it behind us. O Dang, we gotta pay $50 and take that Post Bankruptcy Class before 341. I've been at this for a year now. I want to lay down one night Soon & wake up, have a vehicle for hubby to drive & a letter stating our BK is closed. Hmm, might be asking for a lot in such a short time hehe

One of these nights where sleep just won't happen - Grrr. Thanks for all the replies. YES! WE are a no Asset Case as besides the house we have our furnishings & my 1999 Toyota Sienna Van. Thank goodness it only has about 98,000 miles on it. Need some kind of belt that was supposed to be done at 80,000 miles. Ugh, it hasn't been done because it will cost over $1,100 to replace it.

Hugs,

Luci

[liz417]

Hey Luci,

I know EXACTLY how you feel...when I stopped paying the creditors and was on a cash-only basis, I was BROKE most of the time! I didn't understand it, every month I was paying over $1500 a month in credit cards, I guess I relied on my credit cards WAY TOO MUCH for the "small things"....a 1-1/2 later, I am finally getting to the point where I have a little extra cash (still on a cash-only basis ) and able to have a few bucks in a savings account too

I know it's easier said than done, but don't worry to much...it'll all work out

Good Luck!

[LuciluS]

Hey Luci,

I know EXACTLY how you feel...when I stopped paying the creditors and was on a cash-only basis, I was BROKE most of the time! I didn't understand it, every month I was paying over $1500 a month in credit cards, I guess I relied on my credit cards WAY TOO MUCH for the "small things"....a 1-1/2 later, I am finally getting to the point where I have a little extra cash (still on a cash-only basis ) and able to have a few bucks in a savings account too

I know it's easier said than done, but don't worry to much...it'll all work out

Good Luck!

Thanks Liz & the others who posted. We have a Personal Property Tax Bill of $411 due 10/10 & late is a 10% penalty. I'm hoping after that, I can try to stash some money aside for a down payment on a Clunker with payments under $280 a month.

Due to all the pain meds, my bottom front teeth are losing their enamel. Nothing can be done except pulled and a partial made. I know the partial is $1,200. I don't knw how much it costs to pull the teeth. Might let hubby use a pair of plyers & pull them out I don't like going to church with dark teeth, but gonna have to wait probably a long time to get them fixed.

I'm 55 yrs. old and never been this broke. Of course, up until the accident on 3/14/05, I was able to work and make good money. Now I can a piddly Social Security Disability check each month. No cost of living raise, but medicare part D insurance is going up. Dh's company started taking $30 a paycheck out for their medical insurance. Seems like we can't win for nothing Dang It!

Just will continue to Pray about it and do the Best We Can as Hubby is working his hiney off. He pulled 7 loads this last week. Got home around 10:30pm last night. Truck Drivers don't get paid when they are loading are unloading & he had to wait in line for 4 hrs. to get loaded at Redwood, MS yesterday afternoon.

Just want to get this BK behind me and move on to Brighter Challenges!

[killinstinct]

Hey Luci,

I know EXACTLY how you feel...when I stopped paying the creditors and was on a cash-only basis, I was BROKE most of the time! I didn't understand it, every month I was paying over $1500 a month in credit cards, I guess I relied on my credit cards WAY TOO MUCH for the "small things"....a 1-1/2 later, I am finally getting to the point where I have a little extra cash (still on a cash-only basis ) and able to have a few bucks in a savings account too

I know it's easier said than done, but don't worry to much...it'll all work out

Good Luck!

I second that! I have no idea how we were doing it. Relying on overtime from my work and as you said using the credit cards for the little things and unanticipated expenses.

We've just tightened things up a little and set a strict budget, trying to cut back a little in every category. I picked up some extra work after filing as well. As a result we were able to save a little every month and have about $1800 in savings right now. It's tough and took quite some time, but you can do it!

[LuciluS]

I second that! I have no idea how we were doing it. Relying on overtime from my work and as you said using the credit cards for the little things and unanticipated expenses.

We've just tightened things up a little and set a strict budget, trying to cut back a little in every category. I picked up some extra work after filing as well. As a result we were able to save a little every month and have about $1800 in savings right now. It's tough and took quite some time, but you can do it!

I'm going to try! I cannot work as two doctors have deemed me 100% disabled. I have permanent nerve damage in my left leg/foot. Praise God, it's not in the right foot, so I'm able to do a tad bit of driving.

The trucking industry has slowed down as warehouses are stocked because consumers are not spending any money. Larger companies like International Paper are sending their paper products by railway as it takes longer to get to the warehouse. Dh has no control over the miles he drives each week and no one paycheck is the same amount. He is paid $.31 a mile and has to pay for all of his meals. His trucking company does reimburse him for toll roads & weighing at a CAT Scale. His check is mailed each week. Supposed to get it on Wed.; however, it is hit and miss as sometimes it is Thurs. My piddle SSD check comes the 2nd Wed. of every month.

Got the $441 personal property tax to pay on 10/10 & buy addt'l groceries as hubby's mom & granny are flying in on 10/3 for a weeks stay. Hubby is taking vacation. I don't eat much during the week. A graham cracker and a few chocolate cookies each day. I will eat when Dh is home to cook it or go pick up dinner which is not very often.

I'm sure I'll be able to sock some monies away. Just hope it is enough for down payment. Dh did say he may ask the owner of the company for a Loan, if need be.

[Amy26]

You will be ok!! We are all gunning for you. And pacer was definately a good thing... I was able to keep up on everything when my lawyer was busy taking vacations and not showing up at my 341....