I am in the process of filing Chapter 7. I have my lawyer, he has all the paperwork; I just can't file until I come up with the rest of the money for his fees and the court costs. He says everything is in order and that all my debt should be discharged.
After I paid my retainer I called everyone I owe and told them I now I had a bankruptcy lawyer on retainer, gave his name, number, etc. The endless calls stopped (I almost forgot what it was like when the phone didn't ring constantly).
However, a couple weeks ago I started getting calls again from a debt collection agency about the $491 I owe to my old bank. I told them that I had a bankrupcty lawyer on retainer and that I already gave them his information. The woman told me they were a different collections agency. That it went from my bank to a collections agency and then to another collections agency. That part in itself doesn't make sense to me.
She went on to tell me I could have criminal charges filed against me. I did my google homework and found that I could have criminal charges filed against me only if I bounced checks with the intent to not pay. It's hard to prove and most banks don't bother. I didn't even bounce checks. The money is fees from automatic payments. She also told me that overdraft fees are not dischargeable in bankruptcy and doesn't seem to care that I have a lawyer on retainer.
I've googled this, but come up with conflicting information. Some places make it seem like the whole debt is dischargeable, others say only the overdraft fees, and I've seen a couple that say none of it is. Can someone here clarify this?
This lady is getting on my last nerve. She always speaks in such a pleasant tone and is very passive aggressive in her "I don't threaten people, that's not my style, but we might be forced to press criminal charges." I'm pretty sure she's violating some debt collection consumer protection act or whatever by threatening jail and by continuing to call me even though I have a lawyer on retainer and have told her that multiple times.
A lot of that is a rant about my collection agency woes. I just want to know about the bank fees. Any help will be appreciated.
After I paid my retainer I called everyone I owe and told them I now I had a bankruptcy lawyer on retainer, gave his name, number, etc. The endless calls stopped (I almost forgot what it was like when the phone didn't ring constantly).
However, a couple weeks ago I started getting calls again from a debt collection agency about the $491 I owe to my old bank. I told them that I had a bankrupcty lawyer on retainer and that I already gave them his information. The woman told me they were a different collections agency. That it went from my bank to a collections agency and then to another collections agency. That part in itself doesn't make sense to me.
She went on to tell me I could have criminal charges filed against me. I did my google homework and found that I could have criminal charges filed against me only if I bounced checks with the intent to not pay. It's hard to prove and most banks don't bother. I didn't even bounce checks. The money is fees from automatic payments. She also told me that overdraft fees are not dischargeable in bankruptcy and doesn't seem to care that I have a lawyer on retainer.
I've googled this, but come up with conflicting information. Some places make it seem like the whole debt is dischargeable, others say only the overdraft fees, and I've seen a couple that say none of it is. Can someone here clarify this?
This lady is getting on my last nerve. She always speaks in such a pleasant tone and is very passive aggressive in her "I don't threaten people, that's not my style, but we might be forced to press criminal charges." I'm pretty sure she's violating some debt collection consumer protection act or whatever by threatening jail and by continuing to call me even though I have a lawyer on retainer and have told her that multiple times.
A lot of that is a rant about my collection agency woes. I just want to know about the bank fees. Any help will be appreciated.
- Report of No Distribution 
Trustee's report of no distribution Aug 20, 2010 
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