EEOC, Chapter 7 and personal loans secured with Personal household items
I’m new to this tread but have been checking it out for the past couple of weeks. I have retained a lawyer to file Chapter 7. I have 2 problems and couldn’t find an answer on here for it. 1) What do the courts consider EEOC money when it is currently in mediation? And 2) what about personal loans secured with personal items, tv, Wii, PS3 and computer, what are my options for that?
I had excellent credit, could always pay my bills on time, but when I became pregnant, my work, after working there for over 5 years thoughtfully *notice the sarcasm* cut my pay by 43%, saying that I am unable to fulfill my job duties as the doctor said I cannot lift, push or pull over 15 lbs. My job is a desk job at a computer, I don’t lift product. Period. I have tried to explain this to the HR B*tch, but she rewrote my job description 3 days after they told me they were cutting my pay, which still doesn’t say how much I have to lift. This was in SEPT. 2010 I have filed a complaint with the EEOC fighting that and am hoping to get my back pay as I am rightfully owed and currently the EEOC has it in mediation with them. (the downer, the government doesn’t move fast, the EEOC said anywhere from a few months to a couple of years before I’d see this money back or settle the case, usually around 4-6 months) I still have 7 months to go of $7.40/hour pay.
So I explained all this to the lawyer and he wants me to be able to keep that money so he doesn’t want to file until after I receive the EEOC money and my tax return.
If I do file and lets say the EEOC doesn’t come to a resolution until after my BK is over does the courts get that? Or do I get to keep it?
I knew that once the HR person told me they were cutting my pay I wasn’t going to be able to pay my bills now, and now I can barely pay my heat, electricity (and I sit in the dark most of the time) my car payment, insurance and student loans, much less food. I contacted a BK lawyer and promptly retained him. He said stop paying everything except what you want to keep, (i.e. your car, your house (which I don’t have a mortgage or a house, I rent)) and your monthly expenses.
I had a check mailed to me from a loan company, in Aug. 2009, that I had previously used saying that I can cash this $2,000.00 check and start paying on it the next month. I was hard up for some money and cashed the check. A few days went by and the loan company called me in and wanted me to put some personal items up for security for this check. I did and put my TV, Wii, PS3 and computer on it. I talked to my lawyer about this he said what we would do is if I don’t want to surrender the items and would like to keep them we would redeem the items and include that in our filing.
The loan company started calling, from the 1st day after I was late Sept. 10, everyday, wanting me to pay or give them my items. I told them I had a fully retained attorney and was in the process of filing chapter 7 and gave them the name of my lawyer, his name and address and phone number. They never called him (I called and checked this out) instead choosing to call me all the time. I stopped answering their phone calls after the first 4 times and telling them my lawyers info. THEN they show up at my apartment Oct. 14, I’m alone, pregnant and they are demanding to come into my house, I tell him no and again told him to call my lawyer. He locked me in my apartment, by shoving something under the door so I couldn’t open it. This is the only way in or out of my apartment and it’s approx. a 15’ drop to the ground. I had to call someone to open the door after he left. I also called the police and they said that I can’t prove it, it would be a he said/she said situation, but the next time they came by to call the sheriff and they would be out to escort them off the property.
My question is, if this loan company takes me to court to get these items before I have a chance to file, what are my options? Can I say I don’t have the items and just pay what the market value of them is? Can I tell the courts I have a lawyer on retainer for bankruptcy and that this is included in the bankruptcy with a redemption offer? My lawyer doesn’t want me to lose out on this money, but I don’t want to be waiting forever because how long do I have to be behind before the loan company can take me to court? Since it hasn’t even been 38 days since I stopped paying my bills. I’m really confused as to what happens in the time until filing bankruptcy.
I had excellent credit, could always pay my bills on time, but when I became pregnant, my work, after working there for over 5 years thoughtfully *notice the sarcasm* cut my pay by 43%, saying that I am unable to fulfill my job duties as the doctor said I cannot lift, push or pull over 15 lbs. My job is a desk job at a computer, I don’t lift product. Period. I have tried to explain this to the HR B*tch, but she rewrote my job description 3 days after they told me they were cutting my pay, which still doesn’t say how much I have to lift. This was in SEPT. 2010 I have filed a complaint with the EEOC fighting that and am hoping to get my back pay as I am rightfully owed and currently the EEOC has it in mediation with them. (the downer, the government doesn’t move fast, the EEOC said anywhere from a few months to a couple of years before I’d see this money back or settle the case, usually around 4-6 months) I still have 7 months to go of $7.40/hour pay.
So I explained all this to the lawyer and he wants me to be able to keep that money so he doesn’t want to file until after I receive the EEOC money and my tax return.
If I do file and lets say the EEOC doesn’t come to a resolution until after my BK is over does the courts get that? Or do I get to keep it?
I knew that once the HR person told me they were cutting my pay I wasn’t going to be able to pay my bills now, and now I can barely pay my heat, electricity (and I sit in the dark most of the time) my car payment, insurance and student loans, much less food. I contacted a BK lawyer and promptly retained him. He said stop paying everything except what you want to keep, (i.e. your car, your house (which I don’t have a mortgage or a house, I rent)) and your monthly expenses.
I had a check mailed to me from a loan company, in Aug. 2009, that I had previously used saying that I can cash this $2,000.00 check and start paying on it the next month. I was hard up for some money and cashed the check. A few days went by and the loan company called me in and wanted me to put some personal items up for security for this check. I did and put my TV, Wii, PS3 and computer on it. I talked to my lawyer about this he said what we would do is if I don’t want to surrender the items and would like to keep them we would redeem the items and include that in our filing.
The loan company started calling, from the 1st day after I was late Sept. 10, everyday, wanting me to pay or give them my items. I told them I had a fully retained attorney and was in the process of filing chapter 7 and gave them the name of my lawyer, his name and address and phone number. They never called him (I called and checked this out) instead choosing to call me all the time. I stopped answering their phone calls after the first 4 times and telling them my lawyers info. THEN they show up at my apartment Oct. 14, I’m alone, pregnant and they are demanding to come into my house, I tell him no and again told him to call my lawyer. He locked me in my apartment, by shoving something under the door so I couldn’t open it. This is the only way in or out of my apartment and it’s approx. a 15’ drop to the ground. I had to call someone to open the door after he left. I also called the police and they said that I can’t prove it, it would be a he said/she said situation, but the next time they came by to call the sheriff and they would be out to escort them off the property.
My question is, if this loan company takes me to court to get these items before I have a chance to file, what are my options? Can I say I don’t have the items and just pay what the market value of them is? Can I tell the courts I have a lawyer on retainer for bankruptcy and that this is included in the bankruptcy with a redemption offer? My lawyer doesn’t want me to lose out on this money, but I don’t want to be waiting forever because how long do I have to be behind before the loan company can take me to court? Since it hasn’t even been 38 days since I stopped paying my bills. I’m really confused as to what happens in the time until filing bankruptcy.
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