Can I actually exempt 60k worth of vehicles?

[tobee43]

Feeding your family is more important. And the CC companies can go after all of your assets should they get a judgement. Taking out a loan on an exempt asset is not a good idea.

You may want to reconsider your priorities.

while feeding and taking care of your family is absolutely the MOST important things....please do not allow scare statics like what is stated above about the cc companies going after you assets to influence any of your decision making ...yes, at the very worse they can get a judgment.

however, prior to them rec'ing a judgment, had the poster had even half a brain they would know that you have to first be served a summons, answer that summons...delay that the court date.... and you can go to court and fight off the cc companies you can stall for at least your bk filing time..and the worse that could happen is so what if they do get a judgment...you simply have them removed after your bankruptcy is discharged. it will and may cost you a bit more in legal fees but worth it. (sorry to say there are a few here who LOVE are bottle feeders, and they enjoy kicking and putting fear into those that come here for help and feed on people's sadness).

people are full of enough stress that come to this site and certainly do not be told what THEY can do....how about...suggestions to how to HELP you...i'm certain that's why you came to this site...for support and help and to feel safe!

i wish you the best...speak to your atty and get the best information that fits your specific needs.

[helpmeout]

You said:

please do not allow scare statics like what is stated above about the cc companies going after you assets to influence any of your decision making ...yes, at the very worse they can get a judgment.

My response:

What you are leaving out is that the judgement CAN seize assets, including bank accounts (hence the reason why it is suggested that once you fill out the discovery, you change accounts) and items that are easily sold. It's not a scare tactic. It's a very realistic risk any person with assets is taking. Granted, it is going to take time. But it can happen.

You said:

however, prior to them rec'ing a judgment, had the poster had even half a brain they would know that you have to first be served a summons, answer that summons...delay that the court date.... and you can go to court and fight off the cc companies you can stall for at least your bk filing time..and the worse that could happen is so what if they do get a judgment...you simply have them removed after your bankruptcy is discharged.

My response:

Yes, there are ways that one can delay court cases. Anybody with half a brain would know that.

Of course, once they filed for bankrutpcy, the Trustee will then seize the asset if it can't be exempted. Which only an attorney in the area where the BK will be filed can answer. Either way, one shouldn't delay filing for bankruptcy or not file for bankruptcy because they don't want to get rid of an asset. Assets can be replaced.

You said:

it will and may cost you a bit more in legal fees but worth it. (sorry to say there are a few here who LOVE are bottle feeders, and they enjoy kicking and putting fear into those that come here for help and feed on people's sadness).

My response:

And there are people here who claim to be paralegals and go around giving out misinformation all the while claiming that people who correct said misinformation are feeding on people's sadness. Which is completely inaccurate.

You said:

people are full of enough stress that come to this site and certainly do not be told what THEY can do....

My response:

It's called full disclosure so that people can make decisions based on all of the information. As a parelegal, you should be aware of what full disclosure is.

[tobee43]

oh dear...stalker alert...

sorry OP....sometimes you get these types that come to the site... good thing there are ignore buttons on the site...sad...it's shame.

[Samba]

and you now should watch your account very carefully!! chase pulled that on us. i had done on line payments to chase...NOT auto payment...but just ON line.

i couldn't believe it when they just simply pulled the money out automatically....chased claimed i had authorized auto payment on line??

I was thinking about that very scenario when I refused. I had Earthlink internet service years ago and the person who took my payment over the phone. She said it wouldn't go through and asked for the number 3 times. I asked her if she was charging me three times. "No sir." I called my bank and she had charged me all three times!
I had to give them my account info for my refund. A few months later I missed the payment date and they automatically withdrew the money without even notifying me. Chase told me that since I gave them authorization in the past they were within their right.

I have always paid online with BOA and have called in on occasion and used the automated pay system. I suppose I should call Chase if I intend to miss a payment.

Feeding your family is more important. And the CC companies can go after all of your assets should they get a judgement. Taking out a loan on an exempt asset is not a good idea.

You may want to reconsider your priorities.

You must have me confused with someone else. I never said anything about a loan and at this time my priorities are in order.

oh dear...stalker alert...

sorry OP....sometimes you get these types that come to the site... good thing there are ignore buttons on the site...sad...it's shame.

It seems it's nature of the internet...

[tobee43]

I was thinking about that very scenario when I refused. I had Earthlink internet service years ago and the person who took my payment over the phone. She said it wouldn't go through and asked for the number 3 times. I asked her if she was charging me three times. "No sir." I called my bank and she had charged me all three times!
I had to give them my account info for my refund. A few months later I missed the payment date and they automatically withdrew the money without even notifying me. Chase told me that since I gave them authorization in the past they were within their right.

I have always paid online with BOA and have called in on occasion and used the automated pay system. I suppose I should call Chase if I intend to miss a payment

samba...more importantly i would contact your BANK and let them know there are absolutely NO auto payments to be taken out of your account. THEN call chase...lol!!! but only AFTER you make certain the bank will not allow any funds to come out.

we didn't have a problem because we banked a small countryside bank and everyone knew everyone...so all i had to do is pick up the phone and call the manager ...we were on a first name basis...and she took care of the entire thing.

it was SO GREAT..chase went NUTS!!! (one of the open "pleasure moments") during this entire experience...

[tobee43]

Originally Posted by tobee43
oh dear...stalker alert...

sorry OP....sometimes you get these types that come to the site... good thing there are ignore buttons on the site...sad...it's shame.It seems it's nature of the internet...

lol...yes, you have that one correct ...

[Samba]

lol...yes, you have that one correct ...

Well I'm glad you brought up the automatic withdrawl scenario. I told BOA last week that I had no interest in setting up a pre authorized withdawl for today and that I would call in and pay AFTER the unemployment benefits hit my account. He seemed a bit perturbed and said, "Well, we'll just call yo back on the 21st then."

I got a very nasty call from BOA with the tone of a collection call ordering me to call them back today. I am still under the limit, have at least another week before I go past 30 days delinquent! I was so annoyed I called Chase and told them I wanted to prevent any automatic withdrawls from BOA.

I was told that they could take out what they wanted including late fees since I had authorized them in the past My only option is to pay Chase $32 for a stop payment for any future withdrawl attempts and that only lasts 6 months.

I am waiting for notification from a co that I had 2 interviews with tomorrow to see if I got the job. I also have a 3rd interview with another co tomorrow. If I get the job(s) I will make the payment but if I don't I will take the credit hit. I have paid 2 months of cc payments from unemployment and think my money will be better spent on mortgage if worse come to worse.

I am disg custed that I am being treated like I have already defaulted simply because I attepted to work out a deal with them the week I got laid off. Evidently I raised a flag and since I have been 29 days late for the past few months, they are covering their ass.

I was going to empty out my account but I think Chase would go ahead and pay them and charge me over draft fees until I made a deposit. Just unbelievable! I have no choice but to pay Chase their extortion fee of $32 because I paid online since I didn't trust the cc to post my payments if I mailed them in. I found out today that I can pay in cash at a BOA for the cc payments, so that is what I'm going to do from now on... unbelievable.

Well I just found out that I will need to close my account to prevent them from taking anything out whenever they please. The min payment each month is different so I would need to tell them the exact amount each month and pay another $32! Problem is that my unemployment checks are deposited directly into that Chase account! Just keeps getting better and better! Now I need to close the account, notify TWC and another co that monitors my alram each month and Sirius since they only accept authorized automatic withrawls!

[tobee43]

you know samba, i would insist that chase sent YOU a copy of any agreement that would NOT entile you, as an account holder to cease the payments just because you pd that vendor in or cc in the past.

personally, i would take the $32 hit...sram my butt and account right out of chase.

i never go to the bathroom where i eat...hate to be that blunt...but here's the deal for me. NO major banks would i ever use for my checking or savings accounts. i want a small personable bank. even we just moved...for the first time in my life we are within driving distances of BOA, chase, RCB, CitiBank, and yet we chose a tiny tiny local credit union...we never keep much in it...even still...just in case we haven't seen the last of the bank failures. (which i hope we have seen the last of).

however, i really would pay the $32...& close the acct. but it's up to you. i just have a hard believing that you are unable to stop them from auto pay simply because you pd before. it's YOUR account??? or is it! LOL!!