Rats - Think I forgot some creditors

[discouraged]

One of the attorneys from the firm I hired called and they are finishing up the changes I wanted and she wanted to make sure all the creditors were listed. I said I was sure they were and to go ahead and file.

Later I got a collection call from some place called Encore and realized they were not on the list, nor do I know who they are! Will have to call them back and find out which cc they took over. Also, Amer xpress keeps billing me but I also have a letter from Nationwide Credit that is billing me for the same account. I don't see Nationwide credit on the list. Then there is one Discover sold to - could be Encore, and I don't see that on the list.

I am going to go through and find all the letters and submit names and addresses via email to the attorney that called but boy - do I feel like a dimwit!! Yes, they should have caught them, but I checked the paperwork and did not catch it either.

She did say that if we had to do any amendments it would cost more and I will talk to the firm on Monday but since it was just filed today do you think these could just be added rather than amended?

I remember one post where this was answered but can't remember when or who it was. Anybody have any input on this?

[chicagoannie]

If your attorney actually filed today, then you will have to do an amendment. The court charges $26 for this, but of course, your attorney will charge you more. Over the weekend make a list of anyone you have ever done business with and could possibly owe money to. Add these to whatever creditors you are emailing to your attorney. Better to be safe than sorry later!

[discouraged]

I'm sure she did file and as far as I can see, it is the two of them. And Encore did take over the Discover cc. Oh well, I will tear the house apart tomorrow and make sure there are no more. I don't think there are though. Live and learn. And I was so sure I had everything!

Thanks for the info - I will go through the mountains of paperwork I have and make sure there are no more letters. Amazing that I missed this. I had everything in envelopes for each month and could have sworn I had every piece of paper that the attorney could possibly need.

So it just has to be the one amendment and that will cover whatever I find? That would be a relief- just hope my mistake helps someone else on the forum.

Thanks, Chicagoannie.

[tcreegan]

Hi discouraged,

Don't feel too bad, debts get bought, sold, or assigned so fast these days, Lord only knows who had it last. I actually had a company get the BK notice, then turned around and sold the debt to someone else a week later.

Some helpful hints:

If you are no-asset, no claims are filed for unsecured debt, no notice for filing a timely claim is necessary, debt is discharged 11 § 727(b), no admendment needed.

Only the actual owner of the debt needs to be listed. Listing everyone is nice b/c you get a free pass in the "guess who owns your debt now" game.
But no admendment is needed for "non-owners"

As per your good example, dig deep and get 'em all in one shot.

And if you are one of the dot all i's and cross all t's folks, $26 bucks is pretty reasonable to have it all done right, no loose ends.

Tom in Colo

Good luck

[tobee43]

no way!!!!!! NOT YOU!!! i thought you could close your eyes and see the list...LOL!!!!

i would also just give the firm a call.......since the ONLY reason you didn't list them...is you can't know if one of your old creditors sold one of your debts.....i would just let them know...however, if it was your discover card, i would let the agency know the docket number and don't call again or you'll fix their butts....

[discouraged]

Thanks to both of you - good calls. The Discover one - Encore - is just nasty. They are the ones that say - if you are not such and such, hang up the phone because personal matters are discussed, or sometthing to that effect. Then they say there will be a slight pause to give you time to hang up - after the pause they proceed to tell you about your debt. All of this to an answering machine.

The 2nd one I 'skipped' is the third one from Amer Express. Amer Expess keeps billing me, then there is one from Amex who keeps calling and billing and the third one is from NCI - all for the same account (I did catch two of them - didn't even think to look for a third one). I will explain that to my lawyer and see what she/they think I should do. $26 is not a bad deal but I would think there would be attorney time along with that. I'll email and see what they advise.

I am SO happy I went with this firm!! They have been conscientious and with me every step of the way. Of course, it does help a lot that I know what to do, thanks to everyone's help on this forum and the NOLO book. The attorney that called me, said she is a member on the forum too so she knew exactly what I was talking about when we discussed why I did some of the things I did (taking money out of the bank and only leaving a small amount in). We DID NOT give each other our screen names, lol. Some things should remain private.

[tobee43]

well, frankly i have gotten to know you well enough that you never forget to cross a "t" or dot an " i"...and while i understand this is sooooooo stressful, it's also...somewhat of a relief! so much emotions....always thinking we MUST HAVE FORGOTTEN something??? you didn't...not YOU!!

even the MOST prepared forget or may inadvertently forget something....i mean...we aren't all perfect.. although you are mightily close when it comes to the paperwork ....

[discouraged]

tobee - you make me laugh. Actually - due to reading this forum's problems and advice, you'd really have to not be paying attention to not learn what is important. Since I first found this site last June when I was at my wit's end, it has been a blessing. I'm certain there are many things I would have done wrong, but I have learned from others' mistakes and observations, as I believe we all have.

I am even very glad I waited this long to find the right attorney. WIthout knowing how to find one, I would have picked that first one, even though I was not comfortable and the office made me feel like a loser. The firm I finally chose has really put a lot into making sure this is a painless situation for me. I am so, so thankful that I learned that I did not have to take the first lawyer I saw and came to realize I am the customer and as such, I have a choice as to whom I choose. I felt guilty for 'wasting' the first lawyer's time but the forum showed me that it is not only okay, but a necessary step.

[tobee43]

tobee - you make me laugh. Actually - due to reading this forum's problems and advice, you'd really have to not be paying attention to not learn what is important. Since I first found this site last June when I was at my wit's end, it has been a blessing. I'm certain there are many things I would have done wrong, but I have learned from others' mistakes and observations, as I believe we all have.

I am even very glad I waited this long to find the right attorney. WIthout knowing how to find one, I would have picked that first one, even though I was not comfortable and the office made me feel like a loser. The firm I finally chose has really put a lot into making sure this is a painless situation for me. I am so, so thankful that I learned that I did not have to take the first lawyer I saw and came to realize I am the customer and as such, I have a choice as to whom I choose. I felt guilty for 'wasting' the first lawyer's time but the forum showed me that it is not only okay, but a necessary step.

if i can just make you smile ONE time...during this process..........i'm paying it forward...but for you....i would open my doors... but i know you know that...

[discouraged]

You are so sweet. I'm actually thinking of trying to stay in my town. We'll see. With all this extra money I could even afford to go part-time, which would extend my unemployment and I wouldn't be so stressed. Just thinking about it. I'm just hoping I can stay on unemployment or find some employment (after the bk) because I plan on staying in the house until the end, should be around August I think. I'm not sure how it works with the stay and everything. MN law says you get 6 months after the sheriff's sale and I haven't even received notice of that yet, so it may even be September or October. I do hope I am out of here by winter, but we'll see what happens.

[tobee43]

You are so sweet. I'm actually thinking of trying to stay in my town. We'll see. With all this extra money I could even afford to go part-time, which would extend my unemployment and I wouldn't be so stressed. Just thinking about it. I'm just hoping I can stay on unemployment or find some employment (after the bk) because I plan on staying in the house until the end, should be around August I think. I'm not sure how it works with the stay and everything. MN law says you get 6 months after the sheriff's sale and I haven't even received notice of that yet, so it may even be September or October. I do hope I am out of here by winter, but we'll see what happens.

sounds like a great plan......and please if you can...you can do without that heat bill for next winter!!! but...if you can stay and save money...that would so great!