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    New Cell Phone Contract During Filing?

    Hi all,

    First off I want to say what a great resource this site is for those considering or going through bankruptcy. Much thanks to all those who keep this place running and provide all the great info and support. Now, down to business.

    Since I can't seem to get my attorney to respond to phone calls or emails (separate issue I'll post about later), I thought I'd ask here. Is entering into a new cell phone contract while you're in the middle of filing ch. 7 allowed? I know obtaining new credit is a no-no, but couldn't find anything about new contracts. This is of course assuming a provider would approve the application for new service. I wouldn't even consider it except that we just moved, our reception is horrible at our new home, and our contract with T-Mobile just lapsed. I'd like to get on with Verizon sooner rather than later simply because we are strictly using our cell phones (no home phone). Thanks in advance for your help.

    #2
    If they would even approve a contract I wouldn;t see that it is any different than any other utility..... You pay it monthly as any other utility...

    You may have to look into prepaid to start out... I'm with AT&T,, WHen I talked with their rep after being turned down they suggested going with a prepaid for several months to a year to show that I can pay on a contract... After a year I called up to apply again and they were willing to take me, but I found that for me I spend less with a prepaid and stuck with it...
    $13,569 in CC debt majority in collections.. After a few surprises filed Friday Feb 13th....

    Comment


      #3
      Originally posted by HHanson View Post
      Hi all,

      First off I want to say what a great resource this site is for those considering or going through bankruptcy. Much thanks to all those who keep this place running and provide all the great info and support. Now, down to business.

      Since I can't seem to get my attorney to respond to phone calls or emails (separate issue I'll post about later), I thought I'd ask here. Is entering into a new cell phone contract while you're in the middle of filing ch. 7 allowed? I know obtaining new credit is a no-no, but couldn't find anything about new contracts. This is of course assuming a provider would approve the application for new service. I wouldn't even consider it except that we just moved, our reception is horrible at our new home, and our contract with T-Mobile just lapsed. I'd like to get on with Verizon sooner rather than later simply because we are strictly using our cell phones (no home phone). Thanks in advance for your help.
      I would say that entering into a cellular phone contract is no different than entering into any other Utility agreement. I believe cellular phones are considered to be for the welfare and safety of self and family.

      No one would bother you about that.
      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
        I had a similar issue but with a pest control contract. Before we were discharged from our chapter 7, my husband and I thought we had carpenter ants (turned out to be termites). We thought we might have to enter into a contract with a pest control company. Though I didn't speak to my attorney directly about whether or not we could enter into a contract, his assistant said that contracts were fine. As long as we weren't financing anything or building up more debt, then it was okay to do.

        Comment


          #5
          Originally posted by HHanson View Post
          Hi all,

          First off I want to say what a great resource this site is for those considering or going through bankruptcy. Much thanks to all those who keep this place running and provide all the great info and support. Now, down to business.

          Since I can't seem to get my attorney to respond to phone calls or emails (separate issue I'll post about later), I thought I'd ask here. Is entering into a new cell phone contract while you're in the middle of filing ch. 7 allowed? I know obtaining new credit is a no-no, but couldn't find anything about new contracts. This is of course assuming a provider would approve the application for new service. I wouldn't even consider it except that we just moved, our reception is horrible at our new home, and our contract with T-Mobile just lapsed. I'd like to get on with Verizon sooner rather than later simply because we are strictly using our cell phones (no home phone). Thanks in advance for your help.

          I can't tell if you have actually filed yet or not, but if you haven't, go ahead with the new phone and toss that stiff cancellation fee into your creditor matrix. I did and did not have a single problem.
          Filed Ch 7 2/21/08
          Discharged 6/5/08!!!!

          "Dogs are not our whole life, but they make our lives whole."~ Roger Caras

          Comment


            #6
            Why bother with entering ridiculous cell phone contracts with penalties when you have many other options that do not require contracts. Unless you need it for business or some special need, Contracts are way over rated and over priced.

            You get just as good of service with the non contracted, more plan options, they use the same towers as contracted, & you pay less.

            Comment


              #7
              Originally posted by HHanson View Post
              I wouldn't even consider it except that we just moved, our reception is horrible at our new home,

              You ended up in a 'dead spot' where you moved to for that service. Every company has that at some spots, sadly yours is where you moved to. The only phone I know for sure that does not ever have dead spots is a commercial nextel radio and phone. That one is about 99.00 a month for unlimited minutes and you can take it into the deepest cavern of earth and it still works.

              Maybe check out where your towers are because a lot of them use the same towers and it wont make any difference in reception by changing unless it is on different towers.

              If you are in a big city using cell towers or frequent airports, there are a lot of interrupted and dropped calls like that & it does not matter what company. Just some troubleshooting ideas there to consider for your next purchase.

              Comment


                #8
                I just wanted to say that I benefitted from this thread. Im filing chapt 7 this month (tentatively 12-29-08) and went and got a new cell phone last night thru Sprint, requiring a 2 year contract. My at&t contract ends tomorrow and I desperately want to get out paying their outrageous fees (btw, sprint is much more reasonable).

                I did ask my Lawyer and they said go for it, but wanted to make sure... Thanks folks. Have a very Merry Christmas!!
                Retained bk7 laywer 8-12-08, Filed 12-22, 341 Meeting Scheduled 1-29-09
                Discharged 4-17-09!!!
                Reason for filing: Medical, NOT irresponsibility with credit.
                "Sometimes you have to fall before you fly"

                Comment


                  #9
                  Originally posted by HHanson View Post
                  Hi all,

                  First off I want to say what a great resource this site is for those considering or going through bankruptcy. Much thanks to all those who keep this place running and provide all the great info and support. Now, down to business.

                  Since I can't seem to get my attorney to respond to phone calls or emails (separate issue I'll post about later), I thought I'd ask here. Is entering into a new cell phone contract while you're in the middle of filing ch. 7 allowed? I know obtaining new credit is a no-no, but couldn't find anything about new contracts. This is of course assuming a provider would approve the application for new service. I wouldn't even consider it except that we just moved, our reception is horrible at our new home, and our contract with T-Mobile just lapsed. I'd like to get on with Verizon sooner rather than later simply because we are strictly using our cell phones (no home phone). Thanks in advance for your help.

                  Like others have said, you could go with prepaid for awhile. or get a used phone then you are not stuck into a contract. We bought a used phone off of ebay and we didn't have to sign a contract. Just activated the phone.
                  FILED CH7: 03/20/09
                  341: May 11th, 2009
                  DISCHARGED: July 13th, 2009

                  Comment


                    #10
                    I am getting rid of my Verizon phone, which has a contract until July 09. They told me that I could have someone "assume" my contract.

                    Shouldn't be any problems with a cell phone contract. I am using prepaid, but it depends on how much you use the phone.
                    Filed 8/08 - Discharged 11/08! Not tracking FICO.
                    Pre-Bankruptcy Net Worth: -$72,000... Today's net worth: $142,000.
                    If your FICO score just went higher than your net worth, and you are happy about this, you might have a financial problem!

                    Comment

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