Just Came From A Meeting With My Lawyer Regarding Filing Chapter 7...

[djransom]

I filed Chapter 7 back in Feb 2004 and then had to file Chapter 13 in 2009 due to a divorce. Fast forward to today, I got to see my lawyer because I'm eligible to file for Chapter 7 next month. Well, upon this visit I found out that one of the creditors back in 09, in which I was the cosigner on my ex-wife vehicle, filed a motion of relief from stay in Dec 09. I'm not eligible to file Chapter 7 till July now. I had to dismiss my 13 today and now have to wait till July to file my 7. I have a meeting scheduled for 3/19 to begin my payments for 7 so when July gets here we can file and get me in court without having to wait till the payments are completed. Bittersweet day I would. Sweet since I'll be done paying $675 a month, but bitter that I have to wait till July to file 7.

OAN, could I offer creditors small payments to fend them away until I file 7 in July?

[btbeme]

My opinion, for what it is worth:

Really, why bother with small payments? Either they will sue for the full amount due or they won't.

What they are after is your paycheck, or part of it. It will take them a month or two to realize that your Ch 13 was dropped (about 85% of them are, by the way), another month to file suit, a month or two for them to sort through your Answers, and another month for the court date. Add in a few weeks to actually act on a Default Judgement and process garnishment paperwork...only to be hit with an automatic stay once you file in July.

Don't pay them anything. No deals. Lay low and gird for battle, should they actually show any interest in a skirmish. Study up on how to fight a delaying action as you retreat. July isn't that far away (I already have vacation plans!).

Note - the Trustee will probably be less than lenient on a third BK filing in 8 years, so make sure your file is slick and clean. Sorry to hear that it has to happen again for you. Here's hoping the next few years will be good to you post-BK.

[djransom]

My opinion, for what it is worth:

Really, why bother with small payments? Either they will sue for the full amount due or they won't.

What they are after is your paycheck, or part of it. It will take them a month or two to realize that your Ch 13 was dropped (about 85% of them are, by the way), another month to file suit, a month or two for them to sort through your Answers, and another month for the court date. Add in a few weeks to actually act on a Default Judgement and process garnishment paperwork...only to be hit with an automatic stay once you file in July.

Don't pay them anything. No deals. Lay low and gird for battle, should they actually show any interest in a skirmish. Study up on how to fight a delaying action as you retreat. July isn't that far away (I already have vacation plans!).

Note - the Trustee will probably be less than lenient on a third BK filing in 8 years, so make sure your file is slick and clean. Sorry to hear that it has to happen again for you. Here's hoping the next few years will be good to you post-BK.

Thank you for the info.