Boy the calls have started with a vengance

[Bandit]

I am amazed at how often and how early and late the creditors are calling me. GE Money is by far the worst offender. Calling home, work, and cell many times a day. Got two calls this moring alone, one at 8:15am and one at 8:47am. Should have known better than to leave the ringer in the bedroom on. So now I'm wide awake and typing on this message board.

Should I just answer the phone and give them my attorney's information?

I could be wrong, but honestly, I think a lot of this has to do with what type of personality gets your file with the debt.

It is up to you to decide if you want to tell them what is going on or not. I set the line they have to ring off the hook with no message option- so I never hear it.

Isn't GE Money the same that offers PayPal Buyer Credit?

[justplaintired]

Tired,

I didn't mean to "scare you" by any means. Everyone is different, every case is different. I was just sharing with you what my attorney told us.

Ep, we actually were only behind on a few cards....and by about 2 weeks. We weren't behind months and months.

BigBoy, why would I have fired her? I completely understand where my attorney was coming from. We retained her on March 4th and didn't file until March 22nd. I didn't want ANYTHING to get messed up, so we kept our mouths shut about our bankruptcy for a few weeks....not that big of a deal. With my luck, one of my creditors would've tried to file something and I didn't want the hassle. This way, I was able to tell them and be protected at the same time. It really wasn't that big of a deal to us.

Again, sorry if I "scared" you, tired..didn't mean to.

Good luck!

It's not you that scared me, it was your attorney, I was worried ours gave us bad advice, but by reading other posters, I find that many were given the same advice and did what we did. So basically I guess it just depends on your attorney.

I worry all the time anyway anymore, so it was nothing new. I guess time will tell. We had no large purchases, nor any cash advances or balance transfers before we filed, and no questionable charges, except one and that one we are prepared to repay if they find we have too. All the others were just living expenses and we had a perfect pay record right up til we couldn't do it anymore and decided to file. So, I am hoping things go well, as I am sure everyone hopes that comes to this forum, but only time will tell. I don't even understand the lawsuit or any part of that. I didn't know that filing BK wouldn't save us from the creditors coming after us anyway. I am still hoping it will.

Good luck to you!

[Bandit]

Here is the list for April as of this morning...I was wrong its around 400 this month as I don't have a complete list from April 1 on my cell phone log... the other log is from my Grand Central Account... some entries don't cut and paste exact...but this is who I been ignoring just this month...its down a lot from the previous month...lol.... What is really funny is all the Grand Central number when they call get a message that says in an official phone company voice "The number is no longer in service please check your number and try again" but they still keep calling...lol You will also note that the collection agencies violate the calling rule and in my state is 3 calls per week.

Call Log File April

That list is ridiculous & what do they gain from all those calls?

My cousin says he knows how to set up the line so you get that 3 tone beep, then the message says "the number you are calling is no longer in service"...(or whatever you want it to say) He is farther advanced in all this than the actual phone company.

So I wonder what the phone company would say about that phone line being in service? LOL!!

I can remember when caller ID & *69, call block etc... was supposed to 'advance' everyone...it is just a big game(s) & no one is advancing. Anyone can figure that stuff out before it ever arrives on the market.

I have a feeling my list will look like that in a couple of months from now- I will be tracking them just like you are.

[Cali]

I would be so pissed if I had 400 calls to my house.

[Bandit]

if you have a judgment against you, BK does not guarantee that you will still not have to pay back.


You are misleading the people if you are saying that BK guarantees you a discharge of a lawsuit. It might & it might not.

The end results is what I am concerned with. All the lingo & terms & times, time in between does not amount to anything if you still have to pay back your debt.
Some cases are dismissed
There are summary judgments
Some are dismissed with predjudice & you will never be able to discharge it then.

The stay only stops them from coming after you during those 3 or 4 months.

I have read enough cases where BK was a big fat waste of time for people & they ended up paying all their debt back court ordered by the judge...or the OC can just file a suit against you after your BK & garnish wages.

You dont have to believe me but if you read enough cases online you will see.

[Bandit]

There is a major difference between a lawsuit and a creditor objection. Both can have the same elements but they are two totally different things. lol

I know that- BUT!

it does not matter if they are two totally different things...the end result is you pay back the debt if the judge says so.

[Dirk Squarejaw]

Sorry to hear you blew $5.21 x 6= $31.26 on those meaningless letters...you cant C&D an original creditor, you can tell them not to call you at work.

Actually that was pretty much the point for them to stop harrassing the school secretaries and my parents who have nothing to do with my bankruptcy. After telling them not to call me at work or my parents when told directly on the phone......guess who they continued calling? So I hoped that putting it in writing would get them to actually stop calling them. So far, it seems to have worked as the only one that has called my school again was GM Card who after looking through my reciepts I forgot to send one to.

[Critty]

We are pretty used to the phone calls. They kinda work as my alarm. I always know when it's 8:03 in the morning because that's when the phone starts. I filed yesterday but haven't answered the phone today. I have my case number but I am still destressing from filing and figured I'd wait one more day before I actually have to talk to them.

Some that have left messages have had pretty nasty attitudes. Not looking forward to dealing with those. Do you just give them your case number and hang up?

[wayne-o]

Critty

go ahead and answer, I did not have one single collector get nasty with me after telling them I had filed. Actually quite the opposite, most just said thank you and one even wished me luck. You have to remember they are nasty before you file, because you havent filed and for all they know, your trying to bluff them. So many people say they are going to and never do. So until you file, they have a glimmer of hope you might pay. After you file, its all over and they know it.

[justplaintired]

We are pretty used to the phone calls. They kinda work as my alarm. I always know when it's 8:03 in the morning because that's when the phone starts. I filed yesterday but haven't answered the phone today. I have my case number but I am still destressing from filing and figured I'd wait one more day before I actually have to talk to them.

Some that have left messages have had pretty nasty attitudes. Not looking forward to dealing with those. Do you just give them your case number and hang up?

Not one single collector was nasty to us. Honestly they were nice. Even when we said we are filing BK C7, not one nasty collector. So, calmly answer the phone and you'll be surprised and with a case #, you won't have a bit of a problem. We didn't have a case #, we did have our attorney's name and number. I think once you answer those calls, you feel a huge sense of relief. And once you spread the BK word, slowly the calls will stop, so you best get you a good alarm clock again, cause they won't bother you anymore!!

Good luck!

[justplaintired]

if you have a judgment against you, BK does not guarantee that you will still not have to pay back.


You are misleading the people if you are saying that BK guarantees you a discharge of a lawsuit. It might & it might not.

The end results is what I am concerned with. All the lingo & terms & times, time in between does not amount to anything if you still have to pay back your debt.
Some cases are dismissed
There are summary judgments
Some are dismissed with predjudice & you will never be able to discharge it then.

The stay only stops them from coming after you during those 3 or 4 months.

I have read enough cases where BK was a big fat waste of time for people & they ended up paying all their debt back court ordered by the judge...or the OC can just file a suit against you after your BK & garnish wages.

You dont have to believe me but if you read enough cases online you will see.

Well it seems if you go into BK honestly and have nothing wrong with your case, which it seems we all are hoping that is what will happen, then lawsuits on unsecure debts have no choice but to stop lawsuits or collections. Otherwise what is the point in BK if creditors can still collect. Now I do realize if you file C13 you repay some or all of your debt. If you file C7 most debts, other then student loans, child support and other things are not dischargable.

I am not expert, but have spent an unbelievable amount of time on here reading and so far I have found that most debts in a successful C7 are discharged period. So I just think the lawsuit things maybe for dishonest filers which most people aren't.

[heavenlybet]

We just had to change our number. See, first we went the Debt Consolidation route... BIG mistake! That cost us $9K to reduce $100K of debt 40-60%... fortunately we woke and cancelled that(but not before paying $2K). So now we are on our way to C13.

They calls would start at 8:00 AM and end at 9:00 PM. UNSANE!!!!!!

[FreshLikeADaisy]

I know that- BUT! it does not matter if they are two totally different things...the end result is you pay back the debt if the judge says so.

Bandit, you know already that I adore you. So please don't be offended when I tell you that legally and technically, BigBoy is correct. If someone had a judgement that Chapter 7 did not discharge, it HAD to involve a specifically non-dischargeable judgement. If it did not, they were not telling you the truth.

I guarantee you this; there is NO grey area in the law. Any judgement is either specifically non-dischargeable (fraud, criminal, DWI, child support); or discharged (anything else). Period.

Also, a judgement is a judgement is a judgement. A summary judgement vs. a default judgement, and so forth, is only legalspeak for the means by which a judgement was arrived at: a summary judgement means there was no basis for the suit in law, a default judgement means a defendant failed to present a defense, and so forth. But in terms of what it means to a defendant going forward, they are all 100% the same.

I have a feeling someone told you some stories over a beer or three but wasn't altogether honest with you about it -- probably made for a good sob story but it wasn't at all accurate, unfortunately.

Please forgive me for speaking up, I truly don't wish to offend! But I didn't want you to misunderstand or miss out on something you could benefit by in your own bk. If a judgement is not specifically listed in Title 11 of the U.S. Code as being non-dischargeable in bk, then it IS dischargeable, no matter what it is, no matter how it was arrived at (default, summary, etc). If I get a minute, I'll post the law for you. How's that?

As always, I wish you well!!! Take care, Bandit.

[FreshLikeADaisy]

Okay, here it is:

Title 11, Section 523: Exceptions to Discharge

http://www4.law.cornell.edu/uscode/html/uscode11//usc_sec_11_00000523----000-.html

[Cali]

I had a few wish me luck and some say they are sorry this has happen. And I have't even filed yet, but my attorney is paid.

Critty

go ahead and answer, I did not have one single collector get nasty with me after telling them I had filed. Actually quite the opposite, most just said thank you and one even wished me luck. You have to remember they are nasty before you file, because you havent filed and for all they know, your trying to bluff them. So many people say they are going to and never do. So until you file, they have a glimmer of hope you might pay. After you file, its all over and they know it.