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    #16
    Originally posted by krispy12 View Post
    The past few months I haven't been able to pay my credit cards. I'm going to file in a few months. They keep calling me & I haven't answered any of their calls because I know I'm not able to pay & I don't want someone harrassing me about it. Is it ok to never pick up their calls & just file later? Would it be better if I tried to talk to them even though I won't be able to pay?
    We NEVER answered the phone, only initially to find out who it was on caller ID...eventually, we learned and just didn't pick up.

    The day we filed is the exact day we started answering our phones.

    For me, I didn't feel like explaining myself to creditor after creditor when I knew I couldn't afford to pay...and I knew we hadn't filed yet. I waited until we had actually filed, then told them to buzz off.

    Good luck!
    Filed Chapter 7: 3-22-08
    341 Meeting: 5-15-08 It went great!!!
    Last day for objections: 7-14-08
    Discharged and Closed: 7-21-08

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      #17
      Originally posted by liz417 View Post
      Hi there,

      I just pick it up because I don't want them to call my neighbors or family members! They seemed nice enough, although Chase repeately called several times a day! I noticed that the other cc companies called about once a week and I was only one month behind.

      Good Luck!

      P.S. I stopped paying in May (to save for an attorney) and I've just received a collections notice for my AMEX card! I've heard AMEX is very aggressive on collections.
      Chase AND Amex are very agressive....We had two Chases and one Amex...AWFUL, hounding calls.
      Filed Chapter 7: 3-22-08
      341 Meeting: 5-15-08 It went great!!!
      Last day for objections: 7-14-08
      Discharged and Closed: 7-21-08

      Comment


        #18
        Yes, Chase and Amex are the worst.

        I stopped sending them anything at all when I saw that they would not work with me.

        Chase worked on some accounts and not others, go figure. Amex worked on nothing.

        Wells fargo not far behind.

        I agree with whoever wrote that its the same story over and over so why bother explaining it to them over and over?

        What pisses me off is that on a charge off they get the tax write off then they try to collect.

        I tried to negotiate early
        I will still try to negotiate as I get deeper into delinquency and I will give it another try before BK.

        I am sure that I will have to wait another few months due to my insider payment but it will just give me more time to plan.

        the worst of it.............Chase just charged me an annual membership fee on a closed account.



        Chase now calls from India so it is outsourced.
        Very fortunate in the grand scheme of things but have learned my lesson.

        Filed 12/15/08, 341 1/12/09, Cont to 2/12/09, cont to 3/12/09, cont to 4/15/09, cont to 5/11/09, cont to 6/02/09. Discharged 9/16/09, Closed 10/23/09

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          #19
          When they call from India, I just keep saying "What?"
          Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

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            #20
            OMG, I am still laughing.

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              #21
              Originally posted by Lajazz947 View Post
              What pisses me off is that on a charge off they get the tax write off then they try to collect.
              Yes they get a tax write off if charged off but if they collect anything back from the cardholder in payment as to the charged off amount (i.e., via Chapter 13 payments, wage garnishment, etc.), they have to report that collection of charged off funds on appropriate years' tax returns. If discharged by a debtor fully in a Chapter 7, they get to write off the entire amount.
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

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                #22
                Too funny!!

                I'll have to try that. Or maybe I just won't be able to speak english!

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                  #23
                  [QUOTE=ssdsco;172723]At month 13 it looks like the friendly folks at Cohen and Slamashits are suing me for one off my smallest debts. QUOTE]

                  I'm just sitting here rolling after reading the humor in the middle of your great posting!
                  _________________________________________
                  Filed 5 Year Chapter 13: April 2002
                  Early Buy-Out: April 2006
                  Discharge: August 2006

                  "A credit card is a snake in your pocket"

                  Comment


                    #24
                    Chase just charged me an annual membership fee on a closed account
                    NOW THAT IS TOO FUNNY.

                    A LOT OF THE CC COMPANIES HAVE MY CELL PHONE NUMBER AS WELL AS MY HOME. WHEN WE LIVED IN OUR HOUSE WE TURNED THE RINGER OFF, LIKE MANY OTHER PEOPLE. WHEN WE MOVED TO OUR CONDO, WE HAD TO CHANGE OUR HOME NUMBER. I THOUGHT, THIS IS GREAT, NO CC CALLING US AT HOME. WELL, THE LAST PERSON WHO HAD OUR NEW NUMBER DIDN'T PAY THEIR BILLS EITHER AND NOW I CAN SIMPLY SAY "NO ONE HERE WITH THAT NAME".
                    LUCKILY OUR OLD NUMBER WILL BE HELD FOR 6 MONTHS WHICH WILL BRING ME TO OCTOBER (MOVED IN APRIL) (VERIZONS POLICY, I GUESS) AND BY THEN I WILL BE FILED AND NO ONE WILL CALL ME AT MY OLD NUMBER.

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                      #25
                      Ok my situation is I have to wait 2 years to file. I keep reading about how cc companies will see the last day you stopped making payment & that was like in April. Should I pay $20 each to a few credit cards to slow down any action towards me & look like I'm trying to pay or is that just a waste of money?

                      I'm thinking if I send in a little payment it'll look better & that I'm trying. Plus, it would look like I couldn't make a few payments then I'm trying so officially my last month of payments would be July if I pay a little. Does that make sense?

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                        #26
                        Originally posted by krispy12 View Post
                        Ok my situation is I have to wait 2 years to file.
                        Apologies if I missed this in another posting....why do you have to wait 2 years to file? It's unusual to have to wait more than 1 year to file.

                        Should I pay $20 each to a few credit cards to slow down any action towards me & look like I'm trying to pay or is that just a waste of money?
                        Whether you really do have to wait 2 years to file or not, these cc companies care only about FULL payments. Paying partials gives you no advantages. These companies are ruthless - they don't care why you can't pay. Don't make the mistake of thinking they will be reasonable - they won't. It's all about the getting the cash any way they can, period.

                        If you haven't made appointments with 3-4 experienced bk lawyers in your area yet, it's definitely time to do so. These initial consultations are free or low-cost, and you will learn a tremendous amount about what's going to be best for your unique financial situation. There's no obligation to retain any lawyer you meet with. Let us know what you find out, ok?
                        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                        06/01/06 - Filed Ch 13
                        06/28/06 - 341 Meeting
                        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                        10/05/06 - Hearing to resolve 2 trustee objections
                        01/24/07 - Judge dismisses mortgage company objection
                        09/27/07 - Confirmed at last!
                        06/10/11 - Trustee confirms all payments made
                        08/10/11 - DISCHARGED !

                        10/02/11 - CASE CLOSED
                        Countdown: 60 months paid, 0 months to go

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                          #27
                          In general, does all the months when you start avoiding calls count towards avoiding presumptions of fraud?

                          I.E: Pay for three months avoid calls for six months= 9 months.

                          Comment


                            #28
                            Originally posted by lrprn View Post
                            Apologies if I missed this in another posting....why do you have to wait 2 years to file? It's unusual to have to wait more than 1 year to file.
                            I have to wait 2 years because my dad made a large deposit on my name & it looks fraudulent. Here is the thread about that..... http://www.bkforum.com/showthread.php?t=25825

                            I guess I will just not pay. I thought it might delay things a bit but guess not.

                            Comment


                              #29
                              Originally posted by BKORNOBK View Post
                              In general, does all the months when you start avoiding calls count towards avoiding presumptions of fraud?
                              It's not so much the time frame as it is the types of credit debt involved. $1000 charged for emergency medical care just a month before filing is looked at differently than an expensive luxury vacation taken four months before filing.

                              The 90-day suggestion for no charges before filing simply shifts the burden of proof the money wasn't borrowed knowing it couldn't be paid back from you to the creditor. It's not a guarantee that after 90 days you are home free from the presumption of fraud - it just reduces the chances, that's all.
                              I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                              06/01/06 - Filed Ch 13
                              06/28/06 - 341 Meeting
                              07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                              10/05/06 - Hearing to resolve 2 trustee objections
                              01/24/07 - Judge dismisses mortgage company objection
                              09/27/07 - Confirmed at last!
                              06/10/11 - Trustee confirms all payments made
                              08/10/11 - DISCHARGED !

                              10/02/11 - CASE CLOSED
                              Countdown: 60 months paid, 0 months to go

                              Comment


                                #30
                                Appreciate the help...

                                How many months (in general) will the creditors call before they actually seek legal action?

                                I'm trying to see how many months I can hold out prior to actually filing.

                                I'm understand there are different answers depending on each specific case.

                                Thank you.

                                Originally posted by lrprn View Post
                                It's not so much the time frame as it is the types of credit debt involved. $1000 charged for emergency medical care just a month before filing is looked at differently than an expensive luxury vacation taken four months before filing.

                                The 90-day suggestion for no charges before filing simply shifts the burden of proof the money wasn't borrowed knowing it couldn't be paid back from you to the creditor. It's not a guarantee that after 90 days you are home free from the presumption of fraud - it just reduces the chances, that's all.
                                Last edited by BKORNOBK; 07-07-2008, 12:40 PM.

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