want to include cell phone bill

[StEt0417]

We want to include our cell phone bill into our BK. WE are currently behind on it. Its $400 to cancel but the monthly bill is $200 a month with Tmobile. We ordered new cell phones not knowing our phone bill will jump up that amount. I want to cancel the service and fine a new company and pay less. Since we ordered the new phones will this cause a problem in BK? We are willing to give them back. DH ordered his phone in September and I ordered my in November when my current phone stopped working.
I have contacted tmobile and asked about switching to a different plan but they said we would have to pay $400 to switch since we are in contract with our current plan. I dont want to come out of BK and still be paying high bills, I would rather get rid of everything and start fresh.

We are also in contract with Dish network the bill is between $100 and 120 a month. I would like to swith to a local tv company for less with basic cable.

We planned on filing Friday so I would need to get a final statement from them prior to filing so I can include it in the BK

Any thoughts on this.

[dneil]

I believe, if I understood this correctly, that once you file and as long as you name them as creditors who you owe, you are protected. They can not charge you late fees, or any other type of fee. You can discharge that debt. But you might want to get set up with another company prior to doing this. This is what my friend did with both her electric bill and with her cell phone contract. Check with your attorney, but I am sure you can just include these companies in with filing and avoid their "breaking contract" fee. Good Luck

[keepinitreal]

Filing bankruptcy is the perfect opportunity for you to break those 2 contracts without being liable for any penalty or even having to pay past due amounts.

I do think you need to cancel them before you file bankruptcy. Otherwise you'll be responsible for any fees incurred after you file.

We included our cellphone contract in our bankruptcy filing and everything went fine. We had switched to StraightTalk pre-paid phones before we filed bankruptcy.

Good luck!

[tcreegan]

Hi all,

Want to second the cancel service before file date advice, we threw Verizon w/ the cancel fee in the BK, no problems. You can always mark debt amounts as 'est'

...and in the 'duh' category but sometimes forgotten...best if you don't include service providers if you want to keep using the service...

Tom in Colo

afterthought: if the service is a public monoply (usually gas, electric, cable, wate) then the state should have rules regarding what can/can't be done after default in a BK PUC, public utilities commission here in Colo

[frogger]

I do think you need to cancel them before you file bankruptcy. Otherwise you'll be responsible for any fees incurred after you file.

Good luck!

I agree. Cancel them before you file.

[chazdiezal]

What if I cancel after I file but amend my schedules to add in before I get officially discharged?

[Fletch]

Not to hijack this thread but when I filed I included Verizon Fios but not Verizon wireless because I wanted to keep the service. About 3 weeks ago I tried to sign in online to pay Verizon wireless and I had no access (I owed about $200). I used my cell phone to dial in to see my balance and it said zero balance and the next statement would be available January 3. I have 3 phones on this service that we are still using to this day. Verizon Wireless getting included was unintentional on my part.

[tcreegan]

Hi all,

chaz, you can always amend to add a creditor, but an easier route may be to send the BK notice to your service provider w/ a polite letter that you would be paying post-filing charges but would they please remove pre-filing amounts. Path of least resistance, works remarkably well. (if you want to continue the service you need to negotiate that as well) You are protected anyhow, courts have consistently ruled that unsecured debt mistakenly left off the creditors matrix is still discharged.

Hi Fletch, cutting account access is a knee-jerk reaction to the BK filing, they don't want to be in violation of the automatic stay. Most likely is an automated process at a company like Verizon, and apparently doesn't differentiate between accounts. Get ahold of them and ask them to restore access.

Tom in Colo

[Fletch]

tcreegan,

Do you think Verizon wiped out the balance due to the BK?

Thanks,
Fletch

[tcreegan]

...nary a peep from them Fletch, haven't gotten around to cleaning up the credit reports yet though. Doesn't matter though, they were pre-petition.

Tom in Colo

[StEt0417]

Thanks everyone. We are going to cancel the accounts and include them. I have tried several times to get them to lower the bill and due to new policy they cant change plans anyone since they are all contract plans. I guess thats how they get you. It really stinks cause we like tmobile but cant afford the high bill. A friend suggested I cancel them since its in my husbands name i could get a new account in my name with a cheaper plan if i want to stay with tmobile.

Anyone have experience with Simple Mobile, metro pcs? Also how hard will it be to get a cell phone plan again with the BK on the credit report?

[StEt0417]

DH ordered his phone in September and I ordered my in November when my current phone stopped working.


Any thoughts on this.

Just curious before we cancel and make the switch. Does it matter that we ordered new phones and now including them in the bankruptcy? The phones where $200 each. One is $60 from being paid off. Will the trustee be ok with this? Do they ask to see why the bill is so high? We are filing Tuesday so i need cancel Monday.

[tcreegan]

Hi again StEt,

If it is on your bank statement you might get a question about it at the 341, but that will be the extent of it. Verizon would be the one to care, but a couple hundred bucks isn't going to be worth their time to go after. Should be a non-issue for you.

Hope you find a great new plan for the new year!

Tom in Colo

[antrob]

Metro PCS is great if you don't want a contract or a high bill. You will pay about $50 a month and get a unlimited amount on minutes. You don't even have to give them your real name when you sign up. Service is a little spotty though in some areas.

[StEt0417]

Hi again StEt,

If it is on your bank statement you might get a question about it at the 341, but that will be the extent of it. Verizon would be the one to care, but a couple hundred bucks isn't going to be worth their time to go after. Should be a non-issue for you.

Hope you find a great new plan for the new year!

Tom in Colo

They billed both phones to our phone bill. We where making payments for one through our tmobile bill and the other one they charged full price for and billed directly to the phone bill. The only thing that shows on our bank statement is us paying the tmobile bill which is higher than it normally has been.