Questions that are keeping me up at night

[APL]

I hope someone has some answers that might be able to put me at ease a little bit.

A few weeks ago, after meeting with a BK atty and putting down a deposit with him, I took his advice and stopped paying my credit cards for the first time in my life. I had never even been late on a payment before.

Now the calls are coming non-stop, even to my work. Every moment I'm up is sickening and stressful - and that is a lot because when i go to bed I just lie there worrying, not being able to sleep.

Some questions:

1) My biggest fear - even though the atty said I passed the means test and the asset test, I am afraid that for some reason the judge may decline my BK, and then I will still have all this debt, plus the late fees and all the missed payments and interest I have missed. There would never be any way possib;e to get out of that.

2) I have read to wait until 90 after the last credit card usage to actually file. In those 90 days that go by - will creditors start to sue me? Garnish my paycheck? All of my debt is 100% pure straight credit card debt.

3) Is there any way to get creditors to stop calling my work? I am getting way too many calls there - i do not work in an environment where I can get personal calls and I do not want any disciplinary action taken against me for this.

I keep reading and reading everything I can on this forum. So many people say how much it has helped them be prepared for the 341 meeting, etc. But for me at this early stage, it just puts a thousand more questions and worst-case scenarios in my head. Any tips?

Thanks.

[APL]

I had posted another question but it went poof, so sorry if this shows up twice.

How vital is it to wait until 90 days after the last credit card usage to file? I am just worried that the longer i wait to file, the more aggressive these lenders will get.

[Freddy03]

I hope someone has some answers that might be able to put me at ease a little bit.

A few weeks ago, after meeting with a BK atty and putting down a deposit with him, I took his advice and stopped paying my credit cards for the first time in my life. I had never even been late on a payment before.

Now the calls are coming non-stop, even to my work. Every moment I'm up is sickening and stressful - and that is a lot because when i go to bed I just lie there worrying, not being able to sleep.

Some questions:

1) My biggest fear - even though the atty said I passed the means test and the asset test, I am afraid that for some reason the judge may decline my BK, and then I will still have all this debt, plus the late fees and all the missed payments and interest I have missed. There would never be any way possib;e to get out of that. Unless you did something fraudulent - you should be fine

2) I have read to wait until 90 after the last credit card usage to actually file. In those 90 days that go by - will creditors start to sue me? Garnish my paycheck? All of my debt is 100% pure straight credit card debt.
They won't start suing before you are 120 days late or longer (at least thats from my experience). They can't garnish your paycheck until they have a judgment against you but that takes months. So you are good on time.

3) Is there any way to get creditors to stop calling my work? I am getting way too many calls there - i do not work in an environment where I can get personal calls and I do not want any disciplinary action taken against me for this. You can call them and tell them directly that you can not receive personal phone calls at work. That might stop some but not all. I would send a cert. ceast and desist letter to your creditors. Again that probably won't stop all. Or you can just give them your attorney's name and number and tell them to call your lawyer (run this by your attorney first)

I keep reading and reading everything I can on this forum. So many people say how much it has helped them be prepared for the 341 meeting, etc. But for me at this early stage, it just puts a thousand more questions and worst-case scenarios in my head. Any tips?

Thanks.

Good Luck!!

[free2breathe]

Depends on your usage. If you've used the cards for small purchases of necessary items (think gas, groceries, and the like) then it's not quite as big a deal. The trustee will be looking for large, luxury purchases in the 90 day time period and cash advances 70 days back. However, if you know you're filing, you really should stop using the cards. If your attorney says you pass the means test and assets aren't an issue, trust him - that's what you're paying him for. You can send a letter, return receipt requested, to the creditors telling them that you cannot have calls at work. This should stop the calls to your place of employment. The calls will keep coming at home, and they will drive you crazy if you let them. Look into Google Voice...it's a great option for screening calls for you. Otherwise, use your answering machine and caller id.

This forum is a great resource, and you'll find many people who have been through, are going through, or will be going through the same thing in the future. The worry is normal, and the questions will keep sprouting up. Don't hesitate to ask them, someone will usually pipe in pretty quickly with answers.

Welcome to the forum, take a deep breath, and try to relax. You're making a business decision based on your financial needs. You're in good company!

[APL]

Wow, thanks for the fast answer Freddy.

Can you link me to tthe cease and desist letter or to something that tells me more about it?

[ScaredINMich]

We used our credit card for minor things (each purchase under $100 and not a big total) pretty much up until we made a final decision to file (so about a month before we filed). We honestly didn't know we were going to file at the beginning of the year, so the credit card had Christmas purchases on it as well.

I did make a large $2000 payment on the credit card in January (stupid, but at the time we didn't even think about filing) so maybe that was proof enough that we weren't being committing fraud.

So, it's best of course to stop using them, but I personally wouldn't stress about a small purchase you made in April.

[free2breathe]

Here is a simple cease and desist example:

Address
City, State Zip


Debt Collector’s Name
Address
City, State Zip

Re: Account Number

Dear Debt Collector:

Pursuant to my rights under federal debt collection laws, I am requesting that you cease and desist communication with me, as well as my family and friends, in relation to this and all other alleged debts you claim I owe.

You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the [your state here] Attorney General’s office. Civil and criminal claims will be pursued.

Sincerely,

Your Name

You can tweak it to suit, for example asking them specifically to not call you at your place of employment due to the rules against taking personal calls.

ETA: This letter is probably more suited to a third party collector, actually. Original creditors have more rights when contacting you. However, you can still tweak the letter to request that they cease calling your place of employment due to the rules of your employer and the risk of losing your job.

[APL]

The trustee will be looking for large, luxury purchases in the 90 day time period and cash advances 70 days back. This forum is a great resource, and you'll find many people who have been through, are going through, or will be going through the same thing in the future. The worry is normal, and the questions will keep sprouting up. Don't hesitate to ask them, someone will usually pipe in pretty quickly with answers.

Welcome to the forum, take a deep breath, and try to relax. You're making a business decision based on your financial needs. You're in good company!

No large or luxury purchases, I haven't had enough available credit on any of the cards. The only money I ever had available on any of them was right after I made my minimum payments, and then that little bit availabe went for gas food, etc.

Everyone here is so nice - it's great to have a place like this because in the real world I am just ashamed and feel like such a failure and there is absolutely nobody I speak with about this. It's awful living with a secret.

[Freddy03]

No large or luxury purchases, I haven't had enough available credit on any of the cards. The only money I ever had available on any of them was right after I made my minimum payments, and then that little bit availabe went for gas food, etc.

Everyone here is so nice - it's great to have a place like this because in the real world I am just ashamed and feel like such a failure and there is absolutely nobody I speak with about this. It's awful living with a secret.

Don't be to hard on yourself. My BK emotions go up and down but it does get better. Don't feel ashamed - everyone here is fantastic and will help you get thru it

[APL]

Here is a simple cease and desist example:

Address
City, State Zip


Debt Collector’s Name
Address
City, State Zip

Re: Account Number

Dear Debt Collector:

Pursuant to my rights under federal debt collection laws, I am requesting that you cease and desist communication with me, as well as my family and friends, in relation to this and all other alleged debts you claim I owe.

You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the [your state here] Attorney General’s office. Civil and criminal claims will be pursued.

Sincerely,

Your Name

You can tweak it to suit, for example asking them specifically to not call you at your place of employment due to the rules against taking personal calls.

ETA: This letter is probably more suited to a third party collector, actually. Original creditors have more rights when contacting you. However, you can still tweak the letter to request that they cease calling your place of employment due to the rules of your employer and the risk of losing your job.

Free,

When I get a call at work do just ask them for the name of their agency and the account number? Or can i be proactive and call the cresit cards directly. I am not more than one month behind on any of the cards yet, do you think they went to collection agencies already?

[IamOld]

When they call you at work all you need to say is this: "I am not allowed to receive personal calls at work, and pursuant to the FDCPA (they know what that means) you are not to contact me at this number. You may contact me at "home" at XXXXXXX."

And best wishes!!!!!

Free,

When I get a call at work do just ask them for the name of their agency and the account number? Or can i be proactive and call the cresit cards directly. I am not more than one month behind on any of the cards yet, do you think they went to collection agencies already?

[free2breathe]

APL, how far are you from filing, if I might ask? The reason I ask, is because you will have the great relief once you've filed of not having to deal with the calls. If a creditor slips by, you can just give him your attorney's name and your case number. Also, as Freddy stated, ask your attorney about giving them his name and number now. Some attorney's are willing to field those calls for you once you've paid a deposit. Others will tell you they won't take those calls for you until after your petition has been filed.

With the creditors calling you at work, just as IamOld suggested, I'd just simply say, "I cannot take personal calls at work...." I don't think I'd call every creditor proactively, but that's just me. The less I dealt with their phone calls, the easier it was for me.

[IamOld]

APL excellent point from free2breath - I would not call THEM either - let THEM call you...as they will :-)

APL, how far are you from filing, if I might ask? The reason I ask, is because you will have the great relief once you've filed of not having to deal with the calls. If a creditor slips by, you can just give him your attorney's name and your case number. Also, as Freddy stated, ask your attorney about giving them his name and number now. Some attorney's are willing to field those calls for you once you've paid a deposit. Others will tell you they won't take those calls for you until after your petition has been filed.

With the creditors calling you at work, just as IamOld suggested, I'd just simply say, "I cannot take personal calls at work...." I don't think I'd call every creditor proactively, but that's just me. The less I dealt with their phone calls, the easier it was for me.

[Freddy03]

APL excellent point from free2breath - I would not call THEM either - let THEM call you...as they will :-)

I called mine first to beat them from calling me at work (b/c it's a BIG no/no for me). It seemed to work for most of them but not all. Some still call even with a C&D on file.

[free2breathe]

I called mine first to beat them from calling me at work (b/c it's a BIG no/no for me). It seemed to work for most of them but not all. Some still call even with a C&D on file.

Freddy, I envy your moxy