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    Mispelled names

    Apparently, from the very beginning, my debt was under a name that looks like it could be me, but is ovbiously mispelled.

    Example:
    Jack Bauer is written as Jac Bauir

    Is this grounds for any kind of dismissal?
    My intellegent guess is "NO". However, this debt is appraoching the 4 year limitation in my state of Texas. The debt was aquired in 2005, but we fell to a couple of serious injuries and illnesses ultimately causing my wife to pass out and sincerely forgot bills. I managed to pay the worst collection agencies that were borderline extremely abusive... very. They were the small medical bills that fell to the wayside. But the home had gotten behind and with a family of 5 and a cheap mortgage way less than $2000, which I reduced from $1600 to less than $1200 eventually, was my priority. I also insured transportation. My wife had a Home Daycare during these years and it was 100+ outside. We were trying to recover from a previous major financial disaster caused from unemployment and a long history of underemployment. Illness, mental forced us into fileing for my wife's sake. THough I believed I could pull out of it because the evidence was there for me, she just couldn't take it anymore. SO I did it for her.

    The AC was not optional. It had to be replaced and we financed from the fancy talking salesman that acted like it was the best thing since sliced bread. Good move. Saved us money, BUT WAR continued in Iraq and that's when my wife had a major falling out mentally and health, cancer, probably interrelated. This was also around the time my son broke his arm requiring multiple surgeries and much more out of pocket than expected. Then my broken teeth had to be fixed. I worked in a professional environment and really had to avoid the hill billy look. Still paying that bill today. However, the AC didn't give us the time to pull things together. I made a few initial payments, but as I said the house was priority.

    Well, this past Novermber, I received a letter in the mail offering to settle for $6,000 and the new amount owed is now $12,000 (I'm rounding for simplicity sake). Well, that was 11-28-2011. The newest letter dated 12-14-2011 and the amount states exactly twice the first. So, now it's $24,000 according to the second letter.

    What's going on? We live off of a 3 year experienced teacher's salary, which is less than $50K. My wife and I are both grad students trying to retool for our new life teaching. I felt uncomfortable in my previous engineering job with the down fall of the economy and didn't want to get caught in a situation on the streets unemployed in this mess and nothing else to show for my time. So, I'm the unemployed one now.

    There is also a gas card out there that I wanted and tried to pay but kept getting cut off. I wanted to set up a payment and literally got so busy that I forgot about it. It only pops up once in a blue moon. It's a Shell Card. I feel bad about it, but I juggled to make sure my wife could receive medical treatment for cancer and nothing would stand in my way of doing the morally correct thing, compared to the "contractually correct thing." Some of the collectors stooped so low as to call me a deadbeat along with a few other names and false accusation on a few occasion. That's when I put together my new OOMA phone system that cost me $230 to buy, install and use. It's free now. I pay the premium fee of $100 to help keep it going and to utilize the call blocker feature. LOVE IT!!!! It works perfect. I told the previous credotor to stop calling my cell phones. But the new guy is now calling my cell phones. It comes on during my grad classes and I haven't had time to deal with it until now... Christmas is finally here and almost gone.

    According to the chart we meet the criteria for filing Ch &. However, what would Ch 13 do for us? Moreover, how would making an arrangement with the original creditor help our credit, even it I continue to blow off the collection agencies, who I won't render a steel penny for their asinine behavior towards us. Not going to happen there. The love is gone.

    Please give me some advice. Don't need snarky attempts to rag on me, just some solid good advice, for free. Thanks.

    Merry Christmas guys. We're living on student loans which we plan to obtain forgiveness for in the poor public education system. We're giving back, but saving time for family too. Life's way too short and money isn't everything.

    #2
    OK, Jack. I could not fathom reading all tonight. In a nutshell, a misspelled name but still means YOU is tolerated under the law. It is as AKA. It pulls no weight. I have a common name, always mis-spelled, yet I have deeds and stuff legal under the mis-spelled name. To further complicate things, My wife and I use different sir names and all is legal as well as typos in a document. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment


      #3
      Sheesh... I can't get CVS to change my name to the correct spelling. Everytime they change it back to "justbroke", my insurance rejects it. So, according to CVS my name is "justrich". Any prescription that I get reads "justrich" no matter HOW a doctor sends it to the pharmacy!
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        Nobody here is going to rag on you. You are in the boat with the rest of us. You don't have to justify fixing broken a/c in Texas.

        But since you know the bills are yours, you will have to claim them. No idea what's going on with that bill that doubled in a month, wth? It doesn't matter anyway if you're going to BK them. I'm guessing they've added on some lawyer's fees or other nonsense. What cojones huh?

        Which chapter you file depends on a lot of factors. I think you have a great homestead exemptions there so you shouldn't have to worry about that; why not go for the 7 if you qualify and call it a day? Unless you are trying to strip a lien or keep certain other property. We don't really have enough info to help you make a decision on that yet.

        The wisdom here seems to say that any arrangement you make with your creditors isn't really going to help your credit score at this point. You're dinged for 7-10 years regardless, and you can recover faster by wiping the slate clean.

        Hope the wife is ok now. Just curious, were you in Iraq? or have family there?

        Good luck. Keep asking questions and getting your thoughts sorted out. It's all a tad overwhelming at first.

        Keep On Smilin'

        Comment


          #5
          Well, I figured as much. But it does hurt to ask anyhow. We're in the Dallas Fort Worth area, and it does get really hot here in the summer... sometimes the winter. No matter.

          Here's the total debt now: at the time it was charged off,
          $5,100 GE for AC
          $1,500 Shell - how in the world I forgot this is based on the fact that we simply didn't have or use credit cards, usually. I took my wife on a long needed vacation.
          And that's it. However, it's grown because of scum bag legal permissions to a wopping $28,000 now. about $7000 of that is mine, the rest is from those other scum bags trying to scrape off blood. It's unethical and should be stopped. But we know that won't stop. I've given up trying to be the good soldier now and simply take care of my wife and God help the ass that steps in my face to call me anything but honorable. Do it and watch me show up on your front door. Psycho is my middle name now.

          Nope, never made it to Iraq... spent about 7 to8 week in intensive therapy right before.... hard life, but this one was to save my house and my family. I wanted to go but also had to make a difficult choice then as well. However, I was already qualified to file for disability but have put it off forever. Some young student in one of my classes talked me into doing it after all these years. I have my own issues and its why really need to be careful how they deal with me. I might literally bite their jugular out... like JB. He's so much like me in the real world. I'd cut my arm of to protect my family.

          So, believe it or not, I'm sane. Teaching is only half of what I want to do with my life. Engineering was just not cutting the mustard for me anymore. That doesn't mean I won't return one day. But for now, our young children need one of us around. I'm using this time to make much needed upgrades/repairs to the house. The house is protected. However, their is one HUD lean from a previous arrangement during my unemployment period. I was really surprised that they worked with us. Texas does have solid Homestead Exemptions. We bought this house 3 years into a Chapter 7. It really doesn't take 5 years. But it does help with time. I started trying to rebuild my credit with opened a credit card in my wife's name as well as mine. I don't want to throw that on the pile. But I will, only if they make me. We have 3 financed vehicles. My credit union is beyond awesome. In fact, one of the officers there originally talked me out of working with the collection agency and not to file BK. Now I'm not sure what the best coure of action should be. It's been more than 3 years now I believe. So, my guess is that I have less than a year before the Statute of Limitations run out. Should I risk it?

          Comment


            #6
            So, to be clear... you have already filed a 7 before, correct? When was that? There is a waiting period.
            The vehicles may be an issue, depending on your exemptions. You will have to throw the new cc on the pile in a BK as well.

            I'm still not understanding about Iraq, but if you were in the service, thank you for your service to our country.

            Make a few free appointments with bk lawyers in your area, and let us know how it goes. And do take a few deep breaths, make yourself a nice cup of tea and try to calm down I know it's hard, especially when usury doesn't seem to be illegal anymore.

            Keep On Smilin'

            Comment


              #7
              The medication I was taking prevented me from being deployed to Iraq. I received an honorable discharge. I was working on becoming a military chaplain.

              We filed BK in 1998. If we paid off the CC would they have to be thrown on the pile as well? I really don't want to pull new creditors in on the issue. We really just pay them off t the end of each month after buying normal things with them as well as paying bills. It was to build our credit. We don't really need them. We're living within our means, but I refuse to pay those jerks that have nearly given my wife a nervous breakdown. Lack of friendliness to me is a sure step closer to isolation from me.

              I have the technology to not only make sure they never contact me via any device other than mail. I also have the ability and technology to track them all down if I really cared. I just happen to have enough friends in low places to make them pee their pants and quit... turn it over to someone out of my back yard. Bad move on their part. Fortunately, I'm not like my dad or my brothers. I broke all of my ties to that life when I went to the seminary. I go to extremes to protect my family from harm.
              Last edited by JackBauer; 12-26-2011, 01:14 AM.

              Comment


                #8
                Yes, those new credit cards that you are paying would be seen as preferential, and the trustee may ask those creditors to cough up those payments. I think you would have to pay them off completely, and then stop using them for 6 months to keep them, but even then, once they learn about you filing bankruptcy, they will probably close your accounts anyways.

                One thing I would do is learn to live without credit. Learn to pay for everything with cash, money orders, etc. You will soon see that you will end up saving a lot of money because only things which are absolutely essential will end up getting paid or purchased.
                The world's simplest C & D Letter:
                "I demand that you cease and desist from any communication with me."
                Notice that I never actually mention or acknowledge the debt in my letter.

                Comment


                  #9
                  Originally posted by GoingDown View Post
                  , but even then, once they learn about you filing bankruptcy, they will probably close your accounts anyways.

                  One thing I would do is learn to live without credit. Learn to pay for everything with cash, money orders, etc. You will soon see that you will end up saving a lot of money because only things which are absolutely essential will end up getting paid or purchased.
                  An excellent piece of advice that I've got nothing to add to.

                  Quoted for truth, plain and simple.

                  Good luck to us all.
                  No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

                  Comment


                    #10
                    Jack, you have experience with BK. For your wife's sake (and your own), filing and starting a second new start is your answer. The sooner, the better. Use your Seminary Faith on your own family first. They count the most. Stop the cards, pay a little to all so that your favored cards would be paid but not preferential so make it all even payments. One you file, you can still pay them but only all in equal parts until your small ones go away. This do of course under your lawyers advice. After your discharge you may pay anyone you wish, but you are not legally obligated to do so. Do what you know you have to do. GBWY 'Hub
                    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                    Comment


                      #11
                      Not that I believe Ch 13 is better, but what would Ch 13 BK offer us that 7 would not?

                      Comment


                        #12
                        That depends on your income, your situation with the 3 cars, whether there is a second mortgage on an underwater house. Probably it's not for you, but it's certainly a question worth asking.

                        Keep On Smilin'

                        Comment


                          #13
                          Here's the update. My wife and I just visited our credit union. The loan officers, who we know on first name basis, told us that it's pointless to file bankruptcy on such little debt and for just one source that has already charged off the debt. The company the loan went through has changed it's name from GE Money to GE Capital. Don't know what that's all about, except that banks filed bankruptcy too. The loan officers told me point blank how it works and said that the only reason I want to pay is that I'm have a conscience. But that the money would not go to the original lean holder. Also, once I am "relieved" of a loan I have to pay taxes on the part that they relieve us from. They informed me that it would not improve my credit at all to pay, and bankruptcy would be even more horrible and productive less, just hurting us even longer. They tole me that the way its at now, it doesn't affect our loan worthiness with them. The only think I have left on credit with them is a $7,000 secured debt that is right side up. They actually sell the vehicles if repossessed. The one loan officer told me that in 2 years nothing can be done at all and they are not likely to do anything at all. SHe said the if they really wanted me to settle it would have been for a 4th of the amount shown, dropping it to $3,000 and then it's really not necessary to pay it because the original creditor won't get enough of it and the mark against me is still bad and goes on. SO, paying is pointless, but would stop the phone calls. That's what you are paying for if that's what's happening. You're paying them to stop calling you. And all you have to do is tell them to stop calling your numbers in writing and tell them its affecting your health badly. They will stop calling you. Legal issues.

                          So I mentioned this website and they said it's probably a bunch of attorneys that make money for filing BK. I elaborated. She saw that I was disturbed over not paying it and felt bad. So she told me things I could do to settle the debt and that once I got a job I could take a loan out to pay for it if I wished, but that it really wasn't necessary. I went in there while still in BK and made loans from them for cheap, 4% auto loans. They took all of our vehicles in and even gave us a personal loan around $8,000 with bankruptcy on our record as well as past due and repossessed automobile. So, they have no reason to tell me lies and they actually have been helping me work through it. It's the banks that are jerks too. They only want to make the loans and right you off at the drop of a hat.

                          So, I just initiated the refinance of my recent model Truck around $21K. They're quoting me 4.9% interest. Not bad for a guy with 2 charge offs. And once I start working again, I'll be able to do much better. I see no point in filing if it won't help us. I have usable credit. But, I'll come back for updates to let you know what happens. i shouldn't have paid the last $200 2 years ago. It would have been 4 years by now and nothing to worry about with only 3 more years before it drops off. So I guess I feel sane again. I'm writing the letter down informing them to not call us on any of the lines. However, I may allow them to call one of my unused lines, just in case I can build a legal case against them. I just received a call from them and answer the phone to listening to elevator music. They had me on hold and no one answered the phone.

                          Comment


                            #14
                            Hope you got all that in writing.

                            Did they mention you may be sued? That your bank accounts may be levied? That you wouldn't owe taxes on a settlement or bk if you were insolvent? That your wife's paycheck may be garnished? That a charge off is merely an internal bookkeeping thing and the debt is still very much owed, and shows on your credit report to your detriment?

                            I don't know much about Texas, maybe it's an anti-garnishment state; if that's the case, I may be completely off base here.. One of the pros will correct me I am sure. Just be sure to get the whole story. It wouldn't be a bad idea to schedule a free sitdown with an attorney.

                            Regardless,you're getting a wee bit one-sided story from them. They want you as a client and are telling you half truths to keep you. If you BK, don't be surprised if they dump you quick.

                            I can personally guarantee you that we aren't all a bunch of bk attorneys. What nonsense. We have ZERO vested interested in whether anyone files or doesn't; we're just here to support those in our situation and demystify the process, guiding each person toward the best decisions for them. Nobody stands to gain anything whatsover financial from your filing. It's even possible this forum has saved a few people from suicide by de-scarifying (is that a word?) the situation. Seriously.

                            Be very careful here and continue to explore your options. Since your truck will be financed with the CU, it will be cross-collateralized. That could be an issue.

                            I totally understand your anger at the collection agencies. No fans of them here for sure. It's just insane that they can get away with turning less than 7K into 28. Wish we could all get that kind of return on investments. Does anyone ever actually pay all that?

                            Good luck. Keep us posted, and I hope whatever path you follow works out for the best.

                            Keep On Smilin'

                            Comment


                              #15
                              @ JackBauer: Ha! Ha! I'm certainly not a bankruptcy attorney. In fact, if you read most of my posts, I see bankruptcy as an option of last resort-- the nuclear option for people who are not "judgment proof / collection proof," and have significan assets or income to lose if someone gets a judgment against them.

                              In all reality, people who are addicted to living on credit, like you seem to be at the moment, really shouldn't bother with bankruptcy, because unless you change your habits, and stop using credit to live a higher lifestyle than you can really afford, you will soon be head over heels back in debt again after the bankruptcy and just have to end up filing bankruptcy over and over again, after the waiting period is up.
                              The world's simplest C & D Letter:
                              "I demand that you cease and desist from any communication with me."
                              Notice that I never actually mention or acknowledge the debt in my letter.

                              Comment

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