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It looks like we'll have to file...SOON.

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    It looks like we'll have to file...SOON.

    We aren't ready. And that scares me.


    We got a "fake summons" in the mail. It was from Citi for dh.

    It's from a local attorney saying we haven't filed the "actual lawsuit" or served the summons, but it's been filed with the court. ???? You do not have to answer this.... but if you don't call us and make payment arrangements or pay a settlement, we WILL serve you. ????

    I put in a call to the attorney I liked best out of the ones I interviewed. I haven't met with him since Jan. I'm hoping I hear from him today.

    We are NOT ready to file yet. I feel like we have way too many "lose ends".

    We are still in the middle of this homeowners ins. claim (from the lightning strike we took two weeks ago) and it's stressful enough without throwing in filing BK on top of it.

    I fear we'll end up in a 13 if we file now. I think given that dh's income will be going down soon, if that happens, we should be able to convert though.

    I feel like I have the weight of the world on my shoulders today.

    My mom is coming for a visit and will be here tomorrow. I hope that helps distract me a bit.

    She also said she'd help with the cost of filing. I realize we'll have to include her in the list of creditors, but since she knows what's going on....I'm ok with it. I guess.

    #2
    Originally posted by JEM View Post
    I feel like I have the weight of the world on my shoulders today.
    I haven't been here long and know enough about all this bk stuff to make me dangerous, but I know this feeling and it is awful. I'm sorry.

    I only recently started moving in this direction towards bk and then I had to have surgery and the a/c went out and then dh's brakes and well it's been a rough few weeks. I have a lot of days where I feel like the load I'm carrying is going to break me.

    I hope things go well for you with your filing. I'm guessing I may end up in 13 as well.
    Stopped paying 8/2010, Filed 2/2011, 341 3/2011 done, Report of no distribution . . . Discharged & Closed 5/2011!

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      #3
      call the court(s)

      "It's from a local attorney saying we haven't filed the "actual lawsuit" or served the summons, but it's been filed with the court. ????"

      Makes no sense. It's either filed or it isn't. Call the clerk of the local court that has jurisdiction for the amount involved (in some states amounts over a certain limit go to a Superior court) and find out.

      Comment


        #4
        Sounds like they are attempting to get you to call them so they can collect the debt. I read somewhere that Citi sent a person a 25.00 gift card but they would have to call an 800 number to activate it. The 800 number was to the collections department. Maybe it was here where I read that?

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          #5
          Small update...the attorney called me back promptly. Within an hour of me leaving the msg. Then the one time I'm away from my phone, he called me back and I missed the call. I called him back got his voicemail--but he called me right back. This is the very first attorney I interviewed months ago. He's the most expensive, but I have a good feeling.

          He was very reassuring about everything, and I'm going to meet him on the 24th (my kids will be back in school then--so I won't have to worry about what to do with them), and at least put down the retainer. I am HOPING we can still buy a couple of months before we are forced into filing. However, I am so stressed all the time now, I will feel better at least having an attorney retained now.

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            #6
            Hang in there!

            I was literally making myself sick of the "to file or not file" issue.

            I have yet to meet with the attorneys. Appointments are set for the 23rd (same issue w/ the kids...lol).

            But after I mentally agreed on filing I feel a huge weight has been lifted.

            Good luck to you!
            "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

            Comment


              #7
              Originally posted by Freddy03 View Post
              Hang in there!

              I was literally making myself sick of the "to file or not file" issue.

              I have yet to meet with the attorneys. Appointments are set for the 23rd (same issue w/ the kids...lol).

              But after I mentally agreed on filing I feel a huge weight has been lifted.

              Good luck to you!
              I started interviewing attorneys back in January. I interviewed a handful. Couldn't make up my mind--and just kind of let things "ride" since February.

              In between we've had anything and everything "go wrong". Medical stuff, vet bills, a homeowner's claim. Ugh. And here we are. LOL

              Comment


                #8
                Originally posted by JEM View Post
                I started interviewing attorneys back in January. I interviewed a handful. Couldn't make up my mind--and just kind of let things "ride" since February.

                In between we've had anything and everything "go wrong". Medical stuff, vet bills, a homeowner's claim. Ugh. And here we are. LOL
                I wish I started sooner. I tried to fight my cc lawsuits first. That didn't work out as planned...lol
                "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

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                  #9
                  JEM- I agree with the previous poster: it's either filed, or it's not. Many courts have online database searches so you can check pretty easily.
                  Ch 13 filed 06/22/09. Dismissed,thankfully, 03/31/10. Ch 7 filed 06/28/10. 341 07/29/10. UST POA 08/06/10. UST mot to dismiss hearing extended to Dec...Feb...March...May...Aug. UST withdrawal of dismissal filed 05/31! DISCHARGED 07/12/2011!

                  Comment


                    #10
                    Originally posted by olivies View Post
                    JEM- I agree with the previous poster: it's either filed, or it's not. Many courts have online database searches so you can check pretty easily.
                    I did check online and I can't find anything that's been filed. I need to call--but we have out of town company, so I haven't had a chance.

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