I'm a 63-yr-old (homeless) Calif. man, living on the street in an old camper behind $1,392 of direct-deposited Soc. Sec. & Army Pension monthly income, who just got a $5,500 COLLECTION NOTICE letter from a BofA collection agency, in which they make a number of offers for me to clear it. I received said notice at my mail drop. QUESTION: Assuming I do NOT respond at all to their letter, how SOON, on average, might they COMMENCE an actual court LAWSUIT against me?? Will they dally for several months? A year? I.e., will I have time to beat that 180-day, pre-bankruptcy COUNSELING deadline??? THANKS!!
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Nobody can tell you when or even if a creditor will sue.
The 180 day pre counseling deadline is no issue. All that says is, you must do the CCCS course within 180 days of filing. You can do the course today and file tomorrow. Any judgment can be included in the bk.
I'd not worry about what BOA may or may not do. You have more pressing problems. You have nothing anyone can take.
Focus on improving your finances before you think about filing. You don't want to file bk and still be living on the street. -
Wrong!
You just gave me BAD advice. The US Court is CLEAR on 180-day pre-bankruptcy COUNSELING matter: "The briefing (i.e., the counseling) must be given within 180 days before the bankruptcy filing." (Second emphasis by the Court; see the mandatory NOTICE TO CONSUMER DEBTOR(S) form, which must be signed before case filing.)Comment
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Bad Advice
Your advice that I could complete my pre-bankruptcy-filing COUNSELING today, and then file my COURT bankruptcy action tomorrow, would result in immediate DISMISSAL of my Court action for failure to take 180-days to RESOLVE my debts. This new rule was inacted in 2005 by the Bush administration to STOP financial deadbeats, like me, from filing COURT bankruptcy cases a few days after receipt of collection notices from CREDITORS. Indeed, this new rule makes it much easier for CREDITORS to TRAP deadbeat debtors in the COURTS, BEFORE the debtors can launch THEIR own court actions the avoid the their debts.
Boy, the FIRST day I join this website, it get patently BAD advice from its contributors ... and, I'm just a BUM, living on the street, just now trying to figure out this bankruptcy stuff!!Comment
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with respect MKJ, I think you are misreading it. You must take the course, then can file anytime in the next 180 days. If you go longer than 180 days without filing , then you will have to take the course again.
that is my understanding of it.Marie
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Keepmine gave you excellent advice. You can't join a forum and hurl accusations of bad advice at seasoned members and expect to be respected.Originally posted by mkjrosen View PostWell, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -RickComment
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You are correct. I took the course in March 2009 and have yet to file so I must take it again as it became an invalid certificate of completion in September.Originally posted by marie View PostWell, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -RickComment
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A BUM (your words), living on the street, with internet access. Imagine that...Originally posted by mkjrosen View Post
Keepmine was correct. You're wrong.All information contained in this post is for informational and amusement purposes only.
Bankruptcy is a process, not an event.......Comment
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Bums, like me, have free access to local public library computers, where, of course, Yahoo, Google, etc., provide free email services to, again, bums like me. Imagine that. Lastly, I do appreciate all of your advice, but, I will contact the Court on this 180-day thing, since they way you folks describe it, it makes no sense at all.Comment
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that sounds like a good Idea, Please come back and let us all know what you find out.MarieComment
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Once you do get this clarified, you might consider a apology for the rude comments to the valued member of this forum who gave you GREAT advise!!Originally posted by mkjrosen View Post
I took my pre-filing course on Monday, and was filed by that Friday.
The course can be at any time prior to the filing, but no longer than 180 prior.
Being homeless, a bum, broke or anything else does not give you a free pass to be rude to someone who took the time out of their day, to offer advice to you.
You don't have to take that advice, but there is no reason for the rudeness you displayed.
I wish you the best.8-07-09-filed Chapter 7
11-18-09-DISCHARGED!!
Life is not what challenges you face, but how you face those challenges.Comment
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Just spoke to the local Fed. Court's phone helpline rep. (US Bankruptcy Ct., No. Dist. Calif.), and, despite said rep. agreeing with me that my conclusions on this 180-day thing makes more sense, nonetheless, the homeless bum STANDS CORRECTED!! Shockingly, the Court rep. to the bum:
"Yes, I can see how one could misinterpret that 180-day credit counseling rule, in that it might be expected that such Courts would require that debtors took at least 180-days to resolve their debts before a formal bankruptcy action. However, you are misunderstanding the intent of that 180-day rule. The intent is to ensure that the credit counseling is FRESH, and otherwise not outdated at the time a court case is filed." Well, what a break for debtors. Hardly what I expected from a Federal Court, the creditors' lobby, etc. The BUM stands CORRECTED!!! My APOLOGIES!!!!Comment
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Apology accepted. Good luck going forward with your bk.Comment
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mkjrosen: good luck with everything. I would not worry too much about B of A, what can they take, even if they get a judgement?? Your VA & SSI are exempt from judgements.Stopped paying c. cards February 2009
Retained attorney 11/5/09 - $100k in C.Card debt - $120000 per year income - Filed Feb 2010 - 341 Apr 2010 - No Asset Case/Report of No Dist Apr 2010 - Discharged June 2010
Case went without a hitch! I HELD MY HEAD HIGH IN THAT COURTROOM AND NOW I AM MOVING ON!Comment
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Mr. Mjkrosen,
I am sorry you got off to a rough start here, and hope you come back. It really is a good resource, and poor communications occasionally happen, and feelings can be hurt.
I don't think anyone was reacting intentionally to be rude. The nuance is always lost in these types of forums.
Good luck in your journey, it sounds like you will be just fine.
best wishes,
-dmc11-20-09-- Filed Chapter 7
12-23-09-- 341 Meeting-Early Christmas Gift?
3-9-10--DischargedComment
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