341 today

[Annie4]

The power co is the only one I'm nervous about. She sounded so tough on the phone. Their starting date for our next months bill is always the 3rd (today), and they've always been tougher on that day when we've been late, so I hope she's not in there flexing her muscles for some kind of payment/deposit today, because it's not possible.

I guess we'll know soon enough....

On a good note, I noticed yesterday that the cell phone company wiped out our old bill for $717 and they haven't sent anything for a deposit yet and our phones are still on. Also, the water co wiped out our $247 bill and sent a $60 deposit notice and the gas bill company said, "Don't worry about it, it's taken care of." My husband said, "We DON'T owe a deposit?" and she said, "No sir you don't and the new bill will be coming out shortly." YAY!!!! Our gas bill has been running about $47 a month, so that's doable.

For it being a 'mistake' that our utilities were added, it sure is turning out to be a good thing so far. I hope it keeps going that way!

I'll bbl, hopefully to join the 60 day club with a positive 341 experience.

[Annie4]

Oh, I need to file the 2nd certificate while I'm there....I better do that first or I'll get all excited and forget....

[justagirl]

Good luck! Let us know how it goes for you.

Best wishes,
~JAG

[Annie4]

It could NOT have gone any better! Everything you all said was very true.

We got in there and it was already packed. As soon as we made our way to the middle seats in the next to last line of chairs, the power co representitive called us to the door, lol. That was a doosie getting back to the door! He was super sweet though and I hope I did the right thing by reaffirming instead of wiping the past 551. out and paying the $450 deposit. I figured it was about the same amount, so ok.....

I was just worried going in today that if we did reaffirm then we'd have to have it all at once, but he said they were really good about working with the customers with payments. That really has been true with us in the past, so what's done is done and we'll see how it goes next payday. All of the other utilities have been awesome in this so far, so I'm expecting the best with them too.

Anyway, the room kept getting more and more cleared out, very quickly, because he'd call the next person and then he asked if so and so what their address, they'd say yes, then he'd say and your phone number is....and they'd answer.....then he just asked if they had sold any property in the last year and they'd say no, then he'd just say, "Ok, thank you have a good day!"

It was even better than you all described! Thank you!

One other personal thing is that the crooked attorney that I've been complaining about that took our money was in there....and her clients had been taking money from a younger couple who were renting a house from them for a long time, but NOT paying the mortgage with it! That young couple was there and very upset, as anyone would be...it was something else....I just think after everything she messes up on she should really find a new career! (and I really believe she knew her clients were doing that because of the answers they had ready that really didn't get them anywhere). The Trustee just kept saying that he wasn't the one to handle this and that, that he could only determine if there was any property he could sell to get the money. They were letting serveral properties "go". I think there's probably criminal charges in their future, I heard a little about that but couldn't hear everything they said.

But our day couldn't have gone better! Thanks for sharing in here, I don't think I could have gone through with all of this without your help and support! I really don't!

[destitute]

Annie.. Thats great news! I'm glad to hear it went so well for you. Welcome to the 60 day club!!!!

[justagirl]

I'm glad to hear it all went well! Thanks for sharing!

~JAG

[justbroke]

First, I'm glad that your 341 Meting went well... however, the following gives me pause.

... the power co representitive called us to the door, lol. That was a doosie getting back to the door! He was super sweet though and I hope I did the right thing by reaffirming instead of wiping the past 551. out and paying the $450 deposit. I figured it was about the same amount, so ok.....

Not okay.

There is absolutely no reason, that I can think of, to reaffirm any unsecured debt. As a matter of fact, in order to reaffirm any debt, it needs to go before the Judge. No Judge in their right mind will allow you to reaffirm an unsecured debt. How dare the power company try to weasel out of $551 past due by cornering you at a 341 Meeting without being in front of the Trustee and being recorded. This is just bad.

I was just worried going in today that if we did reaffirm then we'd have to have it all at once, but he said they were really good about working with the customers with payments.

Lies, lies and more lies. He was doing nothing more than being coercive and I really wish you were with an attorney or that you brought this up to the Trustee.

I think you still have problems with the electric company. They would need to send you a re-affirmation agreement, unless he handed you one before your 341 Meeting started. Did you sign it? Did you do so in front of the Trustee?

I've got a bad feeling, but only on that part. I believe it's irrelevant anyhow, because any reaffirmation agreement for a pro se debtor needs to go before the Judge and be approved. I don't see it being approved at all.

[Annie4]

There is absolutely no reason, that I can think of, to reaffirm any unsecured debt. As a matter of fact, in order to reaffirm any debt, it needs to go before the Judge. No Judge in their right mind will allow you to reaffirm an unsecured debt. How dare the power company try to weasel out of $551 past due by cornering you at a 341 Meeting without being in front of the Trustee and being recorded. This is just bad.

The only thing that makes this make sense is that the amounts (past due $551 and the deposit $450) were very close unless I were to make every month's payment on time and get the $450 back in 12 months, but honestly, that's not something we've ever been able to do. So it will turn out to be the same in the end.

The main thing I was worried about was if they wanted that whole $551 in one whack and he said they wouldn't. I hope he wasn't lying, if he was I will figure out what to do about that...surely I can file a complaint of some kind, but I'll have to think about that when it comes up or I'll go nutso.

Lies, lies and more lies. He was doing nothing more than being coercive and I really wish you were with an attorney or that you brought this up to the Trustee.

I couldn't be with an attorney, because I didn't have $1,800 for that crook lady attorney that was in there, and I couldn't even make the $250 payments every other week that she wanted. That's why she got added to our bankruptcy.

I even applied for a free attorney here and 3 months went by with no help, I would call and they wouldn't have found anyone...again. After the insurance co filed that lien thing is when I figured we had to go ahead and do something before they started garnishing his wages. Things were already tight, if they garnished anything, that would push us over the edge!

We asked for and received the waiver of the fee because we're in really bad shape right now, I mean if we couldn't pay $299 in 4 payments, that's pretty sad. Hopefully that'll change soon because his hours picked up and we're trying to do some things on the side, but we're not seeing a good profit just yet.

Our biggest mistake was getting used to the $1,000 - $3,000 bonuses every 3 months and when they stopped, everything came to a dead stand still.

I think you still have problems with the electric company. They would need to send you a re-affirmation agreement, unless he handed you one before your 341 Meeting started. Did you sign it? Did you do so in front of the Trustee?

What kind of problems? Will they be able to cut it off tomorrow?? He said they wouldn't. Yes we signed the re-affirmation agreement before the meeting started, he called us out to the hall, and no he didn't stay and do anything in front of the Trustee, he said he was there for 2 other meetings this morning and we were last and he left.

I've got a bad feeling, but only on that part. I believe it's irrelevant anyhow, because any reaffirmation agreement for a pro se debtor needs to go before the Judge and be approved. I don't see it being approved at all.

Crappers! I asked him if we kept that or it went to the Judge or what and he said that paper went back to the power co, (he did not give us a copy which is bothering me now) and he said we didn't have to do anything else. He said they would send a new bill and they would work the past due in with the new bills and there wouldn't be any problems getting them to help with that.

The only reason I'm not too upset about that past due amount is because I know us and it would be a miracle if we paid 12 months without being late, we wouldn't have gotten that back. My husband's paydays vary too much. It's every other week instead of like the 1st and 15th, it goes anywhere from the 1st to the 12th, and the 13th to the 31st, depending on the days of the month and stuff. It's annoying! We weren't going to get that back, trust me, sad but true. We might possibly be able to make it on time, but it's highly doubtful and I was guessing that they knew that by looking at our history.

Ok...now what do you think I should expect? Will they be sending me something for another Hearing for the power co? If so, I'm not really scared that the Judge will be thinking I was trying to pull something, but I think that might be a waste of time, because if it's to protect us from the amount, I don't really think the amount is going to matter, because I'm positive we wouldn't get the deposit back even if we did do it that way. He did ask us twice if we were pro se and we said yes.

My next goal after getting through this huge step forward, is serious financial management because no matter how much money he brings home, even when it was with a $3,000 bonus every 3 months, it never has a definite amount on so and so and then save a certain amount. We have never ever been able to save enough to have an emergency fund and we really have to start doing that.

[justbroke]

Crappers! I asked him if we kept that or it went to the Judge or what and he said that paper went back to the power co, (he did not give us a copy which is bothering me now) and he said we didn't have to do anything else. He said they would send a new bill and they would work the past due in with the new bills and there wouldn't be any problems getting them to help with that.

Absolutely illegal what I think he just did to you. This is why it goes before the Judge. They would have to file that re-affirmation with the Court. If they don't file it in the next 2 weeks (check PACER), then I would file a Motion for Entry of Order to Show Cause and have the weasel show up and explain himself. They cannot just "work the past due in with the new bills". That reaffirmation needs to be approved by the Court first, before they could do anything to collect on that debt.

Ok...now what do you think I should expect? Will they be sending me something for another Hearing for the power co? If so, I'm not really scared that the Judge will be thinking I was trying to pull something, but I think that might be a waste of time, because if it's to protect us from the amount, I don't really think the amount is going to matter, because I'm positive we wouldn't get the deposit back even if we did do it that way. He did ask us twice if we were pro se and we said yes.

I think that lawyer just pulled a "back-door" reaffirmation which is absolutely illegal. If I were you, I'd contact the U.S. Trustee's office and explain what happened. If that lawyer from the Power Company doesn't file that re-affirmation, then they are just playing games with you... thinking you're uninformed. I really don't care that you signed a reaffirmation agreement (because that's your choice) -- even though I wouldn't advise that. I'm really mad because that scum did that outside the 341 Meeting, didn't give you a copy, and told you they'd just add the old balance to the new account.

Where are HHM and MSbklawyer when I need them?

[Annie4]

My case can't be found on PACER, I've already looked. I'll call the Trustee tomorrow morning and tell him that I have some questions about what the power company representative asked me to sign and I'm worried about that amount and when it's due, because he didn't tell me anything.

[MSbklawyer]

There is absolutely no reason, that I can think of, to reaffirm any unsecured debt. As a matter of fact, in order to reaffirm any debt, it needs to go before the Judge. No Judge in their right mind will allow you to reaffirm an unsecured debt. How dare the power company try to weasel out of $551 past due by cornering you at a 341 Meeting without being in front of the Trustee and being recorded. This is just bad.

I respectfully disagree, J.B. People reaffirm unsecured debts all the time. The most common (at least in my practice) is where they have a doctor that they want to continue seeing. And I'm not entirely sure that the power company would have any obligation to continue serving her if she did not reaffirm or post a sufficient deposit for new service.

But in any event, she has 60 days to rescind the reaffirmation agreement or up until discharge, whichever occurs first.

[/QUOTE]

[justbroke]

My case can't be found on PACER, I've already looked.

You may be looking in the wrong place. Make sure that you are on your District "Bankruptcy" Court's PACER and not the District Court's PACER. I've done this before and spent hours before I realized I was searching in the wrong database.

If you are in PACER for the Bankruptcy Court, the "Query" page will not have a "Nature of Suit" field! You should be searching on the "Query" page by SSN and not case number. If you're searching by SSN and can't find it, try it by Case Number. Do Not fill out all the fields, just chose SSN or Case Number.

[Annie4]

Thank you for explaining how to find it. I was looking in the wrong place.

They would have to file that re-affirmation with the Court. If they don't file it in the next 2 weeks (check PACER), then I would file a Motion for Entry of Order to Show Cause and have the weasel show up and explain himself. They cannot just "work the past due in with the new bills". That reaffirmation needs to be approved by the Court first, before they could do anything to collect on that debt.

He did file it. Now what?

[justbroke]

I respectfully disagree, J.B. People reaffirm unsecured debts all the time. The most common (at least in my practice) is where they have a doctor that they want to continue seeing.

I have seen those too, and specifically because of a special relationship with a doctor or dentist. I haven't seen it with a utility bill (to date), nor with other unsecured debt.

I also know and agree that under 366 the utility would have a right to ask for a deposit. But, they can only do so after asking for one, and must maintain service for at least 20 days after asking for a deposit.

My problem is only the way in which this reaffirmation was done. If it is in fact filed with the court later, I will eat my words.

[justbroke]

Thank you for explaining how to find it. I was looking in the wrong place.

He did file it. Now what?

Well, like I told MSbklawyer. I'll eat my words. Yummy... those were delicious. LOL

I thought he was playing a game with you, and he wasn't. The fact that he filed it, still requires a hearing with the Judge. The re-affirmation is not approved automatically when you are not represented. The Judge would have to sign off on it. You'll be notified by the Court when that hearing will be. You will need to attend the hearing.