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Am I overthinking this?

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    Am I overthinking this?

    I have been taking the advise of people on here as well as what an attorney I visited with suggested. The waiting period of about 90 days from the last time I used my credit cards to file bankruptcy. At the end of December thos 90 days are up. Aside from that, I also took the advise of others here of not paying the credit cards because it would be a waste of $. I understand all of this.

    Yesterday I got my first letter from a collections agency. Soooo, I start searching here on what I should do with it. I came across this sticky: http://www.bkforum.com/showthread.php?t=2332

    It specifically states to pay when I can? NOW I am really confused?! I thought I was not supposed to be paying one thing besides my secured loans (school loans?) What am I missing?

    #2
    If you already know you're going to file Ch7, keep doing exactly what you're doing right now. Paying debts that will NOT be discharged in bk is a good thing (like your school loans) but paying credit card and other unsecured debt is bad, because it amounts to throwing good money away. Yes, you will get calls and letters from the accounts you don't pay, but that is to be expected because you're not paying them. When you file, that collection activity should stop. In between -- before you file but after you stop paying -- there's really nothing you can do about it (unless you send them cease & desist letters) and no real further action to take until you file bk.

    I'm not sure where the confusion lies, but it sounds like you're doing what you're supposed to be doing.
    Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

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      #3
      Since you are so close to filing now, and already contacted an attorney - just ignore the collection ageny. If they contact you by phone tell them that you will be filing, and give them the name, and phone number of your attorney. This year has only a little over two weeks left.
      If you get another letter from them, send it back with a penny taped on their letter.

      Comment


        #4
        Originally posted by magyar123 View Post
        If you get another letter from them, send it back with a penny taped on their letter.
        No. Don't do that. This could possibly re-age the debt. Not saying it should or would, but it could *possibly* re-age it. Collection agencies have no scruples. And if they accept something as payment, and it's not the full amount, the debt is usually re-aged.
        Chapter 13 Filed "Old Law"
        Filed: 6/2003 Confirmed: 3/2004
        Early pay off sent: 10/05/2007 - 9 months early
        11/16/2007 - Discharged!

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          #5
          what does re-aged mean?

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            #6
            it means the collection agency will try to say that they can reset the time for filing suit and credit reporting. basically, mosts debts can only be reported for 7 years but if a collection agency were to re-age the debt, say in the 6th year, then the collection agency would claim they could report for 7 years from the date the account was re-aged
            Filed 9/5/07
            341 10/4/2007
            Last Day for Objections 12/3/2007
            DISCHARGED 12/4/2007

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              #7
              Originally posted by magyar123 View Post
              Since you are so close to filing now, and already contacted an attorney - just ignore the collection ageny. If they contact you by phone tell them that you will be filing, and give them the name, and phone number of your attorney. This year has only a little over two weeks left.
              If you get another letter from them, send it back with a penny taped on their letter.

              Not very good advice, unless of course you want to admit that the debt is yours without even asking for validation.

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                #8
                You all have a way of calming us paranoid ones ;) THANK YOU FOR EVERYTHING.

                Comment


                  #9
                  If you have already retained a lawyer, the proper thing to do is to have the creditor/collector call your lawyer. Say something such as, " I have reatined a lawyer to help with my financial difficulties, any further communcitaion on this account/debt, is required to be directed to counsel."

                  We were told, do not give collectors money, don't call them they will call you. When the call have them call the lawyer. Do not give them any additional information other than talk to the lawyer. If you have a home or car you are trying to protect, don't let that creditor know about the BK if possible until after you have filed.

                  Once you have told them to call the lawyer, the collections calls will stop. At least ours have.

                  Our lawyer actually gave us a specific script to say which I don't have here at work. If you have retained a lawyer, he/she should have given similar advice.

                  Hope that helps.

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