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Roger_Mudd posted:It's certainly your right to file your own bankruptcy. You can also preform your own surgeries but that doesn't make it a wise thing to do. If you have enough debt to require filing a BK, isn't $1500 worth it to know you aren't going to screw it up royally? Remember you can't file another Chp 7 for 8 years. A lot of people who want to file Chapter 7 were very naive and tried to pay off their debts before considering bankruptcy, leaving very little capital to work with, instead of strategically defaulting and declaring. The first step is to stop paying creditors and save up for a lawyer. Not paying rent, for example, can save significant amounts and buy at least a month before eviction, usually longer with some basic legal knowledge.
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Apr 13, 2013 02:24
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baquerd posted:A lot of people who want to file Chapter 7 were very naive and tried to pay off their debts before considering bankruptcy, leaving very little capital to work with, instead of strategically defaulting and declaring. The first step is to stop paying creditors and save up for a lawyer. Not paying rent, for example, can save significant amounts and buy at least a month before eviction, usually longer with some basic legal knowledge. Generally the Chapter 7 automatic stay will only last ~ 90 days. I generally tell my clients to keep paying for rent, car and utilities. Everything else will be discharged or can wait. Also there generally isn't any rush to file (although there can be such as a foreclosure or repossession). Even if the creditors sue you, those judgement will be killed by the discharge. Then again my state doesn't allow creditors to garnish wages (excepting govt creditors or domestic support) so that might change the time frame a bit. Roger_Mudd fucked around with this message at 03:05 on Apr 13, 2013 |
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Apr 13, 2013 03:03
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Powdered Toast Man posted:Do legal aid organizations deal with this sort of thing? If so, do I have to prove that I'm destitute or something before they'll talk to me? Everyone who files bankruptcy is destitute...  Legal aid doesn't really exist to do this in GA, as far as I know (I'm a bankruptcy attorney in another state, but had a family member in GA seek it out). There are waiting lists that are over a year long, because virtually everyone who needs a bankruptcy would qualify for legal aid. Everyone wants it for free, and the lines are gigantic. There's also a number of factors that make it unpleasant for legal aid to deal with it (high liability, unfamiliar federal rules and docket, etc). Unless you have a unique story that would put you in a vulnerable class (disabled veteran, abused single parent), it's not a realistic option. I'm not saying this because it nets me anything, or because I think attorneys are special. But pro se in bankruptcy can often result in a gigantic disaster. Not always, you can get through it. But I've probably seen over 100 pro se cases try it out, and around half of them DEEPLY regretted it coming out of the trustee's hearing. Broke is a relative term. If you have any chance of inheriting property 6 months after you file, or get a settlement or tax refund, it can knock the wind out of you. A jackass trustee can also put you through the ringer in terms of paperwork, essentially forcing you to get an attorney. But an easy one could let you through and it works out great. It's just a risk. It seems to go either really good or really bad. Every attorney will want the fee upfront. We have to swear as to the payment in the petition, and it's not good for anything to be left due. Attorneys won't want to just be paid to answer your questions. That puts them on the hook for the whole thing, and looks kinda shady to the bankruptcy court. If they're on the hook for liability, they'll insist on doing it themselves.
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Apr 13, 2013 04:20
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baquerd posted:A lot of people who want to file Chapter 7 were very naive and tried to pay off their debts before considering bankruptcy, leaving very little capital to work with, instead of strategically defaulting and declaring. The first step is to stop paying creditors and save up for a lawyer. Not paying rent, for example, can save significant amounts and buy at least a month before eviction, usually longer with some basic legal knowledge.
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Apr 13, 2013 22:06
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Dik Hz posted:"Strategically" not paying rent is stealing. False!
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Apr 13, 2013 23:22
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so many words about a student loan!
Queen Elizatits fucked around with this message at 14:38 on Apr 18, 2013 |
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Apr 16, 2013 03:05
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Dik Hz posted:"Strategically" not paying rent is stealing. It's not, It's actually economics... The whole "best usage of scarce resources" bit specifically.
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Apr 16, 2013 10:27
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Queen Elizatits posted:
This brings up a good question--why do a lot of debt collection companies make it hard to contact them to give them money? They hang up on calls, bounce emails, ignore requests, etc. I know there's a rationale linked to money in there somewhere but I'm not seeing it.
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Apr 17, 2013 15:13
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Mandals posted:This brings up a good question--why do a lot of debt collection companies make it hard to contact them to give them money? They hang up on calls, bounce emails, ignore requests, etc. I know there's a rationale linked to money in there somewhere but I'm not seeing it. Harder to sue for violations. Think of a sweat room for 2 months. Then they disappear.
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Apr 17, 2013 15:37
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Mandals posted:This brings up a good question--why do a lot of debt collection companies make it hard to contact them to give them money? They hang up on calls, bounce emails, ignore requests, etc. I know there's a rationale linked to money in there somewhere but I'm not seeing it. Along those lines I emailed them using the form on their site asking for their mailing address and haven't heard a thing. I'm not sure if I should send an offer to settle to their main office in PA which was not the address on the collection letter or send a letter to the bank with the original loan telling them I can't get a hold of this company. Anyone have any advice for dealing with NCO? I'm getting mixed google advice and I'm not sure how much is accurate vs how much is from people just angry that they are a collection company. Roger_Mudd posted:Harder to sue for violations. Think of a sweat room for 2 months. Then they disappear. That makes sense. It's frustrating because I mailed them the registered letter the day after I got their letter and they had already abandoned that PO box. I've never had this much trouble trying to give someone money.
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Apr 17, 2013 15:56
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Queen Elizatits posted:Anyone have any advice for dealing with NCO? I'm getting mixed google advice and I'm not sure how much is accurate vs how much is from people just angry that they are a collection company. They refuse to negotiate, and they only want to conduct business via phone. We sent them a debt validation letter via registered mail and they never responded to the letter-- but they did continue to call despite us explicitly stating they should not. It doesn't seem they hold much regard for the law or people.
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Apr 17, 2013 18:59
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woozle wuzzle posted:Everyone who files bankruptcy is destitute... Now that I have the book, I don't really see the need for a lawyer. It's all just making sure your information (such as your income and assets) is correct and filing the right paperwork at the right time. Let me make a few things clear. My income situation is not going to change any time soon. I just went through a period of unemployment that makes my standing in the means test more favorable. I'm in good shape for a Chapter 7, but I don't have the loving money for a lawyer. I don't have it now, and I'm not going to have it any time soon. $1500 is basically half a month's income for me and we're already cutting it pretty thin. We don't have any savings. We rent. I have a car note and another car that has just about no value. We have no assets with any significant value. Meanwhile, I have about $25,000 of unsecured debt, most of which has been charged off. Fortunately, I haven't been sued yet, but I'm worried that's going to happen so I want to get this going. Also, my situation is fairly simple: 3 major creditors that make up 99% of the debt, that's it. No offense to the lawyers ITT, but I feel like this sort of thing should be possible without a lawyer. I feel like a lot of things should be possible without lawyers. I didn't mean that my dad was forced into Chapter 13; I feel like the firm in question (Clark & Washington) convinced him that he shouldn't try for a Chapter 7 because they were sure to take his house. I later found out that's rare unless there's a lot of equity in the house. I actually only have one pressing question. In the book I got, it said that if you're in an unfavorable car loan/lease situation you might want to consider surrendering the car instead of reaffirming the loan. I have this sort of odd lease-finance thing that VW offers on my car, I'm over the mileage limit already, and there's also negative equity from my last car tied up in it. If I attempt to surrender the car and dissolve the loan, can they say no (they, as in, VW Credit who holds the note)? Sorry if this post came across a little, uh...brusque. Didn't mean it that way.
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Apr 18, 2013 01:16
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FWIW, I have about the same amount of unsecured debt as you, split evenly between three creditors, and it's been about fours years with no lawsuits. I did change my cell phone number, which stopped the calls, and I've been on top of responding to the dunning letters I get from the (increasingly infrequent) new DCs trying to shake money out of me. I think you're imagining that being sued is more imminent / worse than it is. Even if they sue you and win a judgement, you can still kill it with bankruptcy later. How long has it been since you last made a payment towards this debt? Every day that passes reduces the likelihood that you'll get sued, and increases the likelihood that the DC that does sue you won't have adequate proof that you owe, and it'll get dismissed. RE: the car, if it were me I'd throw that in the bankruptcy at the top of the drat list. It's probably your biggest debt, depending on how long you've owned it, which can't be that long if it's a mileage-sensitive lease combined with money you still owed on your old car. You can always get another car, post in AI and have them tell you to buy a Miata / old Volvo.
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Apr 18, 2013 01:35
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Queen Elizatits posted:Hey friends, I'm kind of stumped and I would love some advice please. I have an old Federal Student Loan from Canada that went to collections 10+ years ago. Terrible excuse but what happened was after I had started paying off my Ontario Student Loan and Federal Student Loan the loan holders split each loan into two loans, this happened to everyone with these loans, and for whatever reason 1 of the 4 loans stopped coming out of my bank account automatically. I wasn't in the best place and eventually ended up homeless for awhile and just wasn't paying enough attention to my back account. The loan eventually went to a bill collector in Canada. I don't really understand from your post if you are living in Canada. If you are, and this is from a government-backed loan program, they're not going to settle. Pay-for-delete is not a thing here. Trillian fucked around with this message at 08:07 on Apr 18, 2013 |
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Apr 18, 2013 08:00
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Trillian posted:I don't really understand from your post if you are living in Canada. If you are, and this is from a government-backed loan program, they're not going to settle. CA as in California. I should edit that, I see the pay for delete thing won't work, sorry! AfricanBootyShine posted:They refuse to negotiate, and they only want to conduct business via phone. We sent them a debt validation letter via registered mail and they never responded to the letter-- but they did continue to call despite us explicitly stating they should not. It doesn't seem they hold much regard for the law or people. Oh RIP. Thank you for letting me know. They've never called me I just got that one letter. Queen Elizatits fucked around with this message at 14:37 on Apr 18, 2013 |
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Apr 18, 2013 14:35
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Powdered Toast Man posted:Now that I have the book, I don't really see the need for a lawyer. It's all just making sure your information (such as your income and assets) is correct and filing the right paperwork at the right time. No offense taken. The system is purposefully convoluted, and it shouldn't be this hard. But Congress isn't exactly interested in making it easier. Regarding pushing people into 13's: attorneys make more money. I make at least double on a 13, bigger firms do even better. lovely attorneys don't care if the 13 fails because their pay is frontloaded in the plan. There's actually an incentive to put people in bad 13's, because when the plan fails they often convert to a 7 so the attorney gets to charge all over again. I routinely have to talk people out of Chapter 13's, because their friend just got a sales job from a scummy firm and they don't believe me. The main concern in your 7 isn't income and expenses, it's property. The bankruptcy trustee personally gets a cut of any property they take. If they can profit from taking something of yours, they will. Each state, region, and trustee will be very different, but if they can sell something for $500 they might go for it. You might think you have no property of value, but everything is relative. I often meet clients who say they are broke because they have no money and no property they can sell for money. They are correct, it's not like they're wrong or dishonest. But when I break it down from what the trustee can take, they have a lot to lose. For example, this spring I saw a good dozen tax refunds seized by a trustee on cases filed pro se. Right or wrong, trustees typically take a harder look at pro se cases. I often see trustees letting pro se cases through without hardly asking a question. Other times I see it blow the gently caress up. To answer your question: They cannot say no. You can turn it in and not owe a penny, not for repairs, wear and tear, repo, towing, nothing. Aside from niche whacko criminal things, they cannot object or complain about your surrender. Some companies will give out deals on reaffirmations to keep people in a car, but many companies will not. If you've got former loans tied up in it, generally the better path is surrender. Getting car financing after bankruptcy can sometimes be shockingly easy. Obviously I can't guarantee anything, every person and region are different, but where I'm at people often get the best car financing of their lives right after bankruptcy. You're debt free and can't file bankruptcy again for 8 years. So you're the safest possible bet to some companies. You can't count on getting financing, but it's not unrealistic either.
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Apr 18, 2013 15:02
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woozle wuzzle posted:No offense taken. The system is purposefully convoluted, and it shouldn't be this hard. But Congress isn't exactly interested in making it easier. Thank you for the excellent reply. My wife still has decent credit, so we were planning to get a car in her name (the current one is in my name) after the bankruptcy. As far as property goes...I know there are personal property exemptions for things like clothes, house basics, etc. I also know that there is a limit on that. I can confidently say that the only piece of physical property we have that might be worth $500 or more is a car, which my wife owns clear. I suppose the question is, would the trustee try to take my wife's property, even if I'm filing for myself only? I've sold off any computer junk I had that was worth anything over the past two months to help keep us fed. We had a small tax refund which is in savings and will be wiped out completely by a combination of medical expenses for my wife (bad timing ahoy! ugh, gently caress me...) and the actual bankruptcy filing fees (total of $304 I believe?). We have lovely furniture, we don't own the appliances in our rental except for lovely washer/dryer, and that really is it. I've been through everything to make sure, which is why I felt I had a very good basis to handle a Chapter 7 filing myself. Our hope is that a year to 18 months after I get a successful discharge, we'll be able to get a house based on our joint credit. My wife can't get a house (we tried) because even though her credit is good, her income is too low and of course they won't count mine without bringing my credit in...which is in the shitter.
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Apr 18, 2013 22:57
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The trustee generally won't care about a non-filing spouse's property. They can only stand in your shoes. But they can raise hell if you transferred property away. In general, trustees aren't interested in normal household junk. They can't sell a computer for anything. Like if you took your friends lawn mower, it costs you more in time to get it sold than what you'd make. They want cash, accounts, and money due. Inheritance that becomes due within 6 months after filing is also fair game. So tell grandma to take her vitamins, because she's gotta live for 6 more months. It's the non-obvious stuff that creates the risk. Buying a car can happen pretty quickly after bankruptcy. Sometimes literally the day after discharge. Don't assume you can't be on the financing. Your bankruptcy may position you to have better credit than your wife, for the purposes of buying a car. She could file bankruptcy on the car, you can't. So from their perspective, you may actually be a safer bet. Do it however gets you the best rate, but start out trying joint. It would really help you rebound to have on-time payments like a car payment on your credit. Buying a home typically has a hard 2 year wait after bankruptcy if your name will be on the financing. It's very realistic to get the financing after the 2 years, but it won't happen within 18 months.
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Apr 18, 2013 23:41
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Omgbees posted:It's not, It's actually economics... The whole "best usage of scarce resources" bit specifically. Read this: http://www.getrichslowly.org/blog/2010/06/27/reader-story-the-other-side-of-bankruptcy/
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Apr 19, 2013 04:05
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Dik Hz posted:Read this: I read that and I see an idiot trying to be a landlord with zero training then trying to be a lawyer with zero training. Their troubles were 100% their own ignorant fault. Bankruptcy had little to do with it. They could have solved that entire thing had they gotten a property manager or a lawyer from the start. It's like do-it-yourself carpentry or car repair with zero background or training: the results are inevitable in the long-run. People who try to wing it as landlord are taking on a stupid gigantic risk. They think "oh we'll just keep the old house and RENT it!", like they're entitled to free money by virtue of their ownership interest. But they have no background in landlord/tenant laws, real estate, maintenance, etc. Half the battle is carefully choosing tenants, using background checks and references. 95% of one-off landlords have no clue how to do that. They'll read a little online, sign up to pull credit reports, but they have no clue what they're doing. Being a good landlord or property manager is a trade, just like any other job. People who try it out with zero training take on a huge risk, and when that risk bites them in the rear end they can look to no one but themselves to blame. So in short, no one stole from those people. The entire sequence, from beginning to end, is their own drat fault. woozle wuzzle fucked around with this message at 04:27 on Apr 19, 2013 |
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Apr 19, 2013 04:19
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woozle wuzzle posted:I read that and I see an idiot trying to be a landlord with zero training then trying to be a lawyer with zero training. Their troubles were 100% their own ignorant fault. Bankruptcy had little to do with it. They could have solved that entire thing had they gotten a property manager or a lawyer from the start. It's like do-it-yourself carpentry or car repair with zero background or training: the results are inevitable in the long-run.
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Apr 19, 2013 11:22
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Dik Hz posted:Are you seriously arguing that it's OK to not pay rent if you don't respect your landlord? No, I'm arguing that the article you linked only demonstrates that the landlord was incompetent. woozle wuzzle posted:Bankruptcy had little to do with it. They could have solved that entire thing had they gotten a property manager or a lawyer from the start. woozle wuzzle fucked around with this message at 12:17 on Apr 19, 2013 |
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Apr 19, 2013 12:12
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If you can't afford to take a bath on one eviction, you have no business renting property. You don't go into a venture unprepared for loss, then whine about how your feelings are hurt when you do experience loss and had no game plan. That woman singing, “but what about meeeeee I'm a creditor and I have feelings too!" is a joke. Does she think debtors all have their feelings or even rights under the law respected by their creditors?
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Apr 19, 2013 16:25
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Dik Hz posted:Are you seriously arguing that it's OK to not pay rent if you don't respect your landlord? I am, yes. Federal law trumps creditor "feelings" every single time. Edit: A smart creditor will have a lawyer able to lift the stay and/or price the possibility of a default into the rent or payment required.
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Apr 19, 2013 17:38
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Roger_Mudd posted:I am, yes. Federal law trumps creditor "feelings" every single time. woozle wuzzle posted:No, I'm arguing that the article you linked only demonstrates that the landlord was incompetent.
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Apr 19, 2013 22:38
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Dik Hz posted:Much akin to the fact that your retail purchases have priced into them the fact that people shoplift. I disagree. If the land lord had a lawyer, they could have lifted the stay and removed them.
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Apr 19, 2013 23:26
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Roger_Mudd posted:I disagree. If the land lord had a lawyer, they could have lifted the stay and removed them.
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Apr 20, 2013 01:20
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Dik Hz posted:I'm not exactly sure what part of what you quoted you're disagreeing with. You're wrong on every level, and I honestly don't think you're capable of understanding. You're the one that used a non-sequitur incompetent landlord as evidence of your position, not us. There's a lot of theory around bankruptcy and what society should do with defaulted debt. That debate goes to the heart of your issue, but I'm not wasting my time going there with you here. Your theories more appropriate for D&D. But given your beliefs, you probably shouldn't be handing out any advice or commenting whatsoever in a debt relief thread. People here need practical advice, not ignorant preaching. woozle wuzzle fucked around with this message at 01:50 on Apr 20, 2013 |
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Apr 20, 2013 01:45
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woozle wuzzle posted:You're wrong on every level, and I honestly don't think you're capable of understanding. You're the one that used a non-sequitur incompetent landlord as evidence of your position, not us. There's a lot of theory around bankruptcy and what society should do with defaulted debt. That debate goes to the heart of your issue, but I'm not wasting my time going there with you here.
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Apr 20, 2013 12:35
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Does anyone have experience dealing with AMEX? Basically I screwed up and spent too much on a card and it took awhile to pay off. I finally did manage to pay the whole thing off and now I'm trying to get a hold of them to confirm that all is good with this account. Whenever I contact their number I get told that they no longer handle my Account, but they took my payment. I know my outstanding amount was charged-off but their website still showed it like they had the debt and it allowed me to pay it off. Should this resolve itself since AMEX has their money or am I going to need to deal with whatever collections agency they claim handles my account?
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Apr 21, 2013 19:09
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St1cky posted:Does anyone have experience dealing with AMEX? Basically I screwed up and spent too much on a card and it took awhile to pay off. I finally did manage to pay the whole thing off and now I'm trying to get a hold of them to confirm that all is good with this account. Whenever I contact their number I get told that they no longer handle my Account, but they took my payment. I know my outstanding amount was charged-off but their website still showed it like they had the debt and it allowed me to pay it off. Should this resolve itself since AMEX has their money or am I going to need to deal with whatever collections agency they claim handles my account? Check your credit report: https://www.annualcreditreport.com and see who is listed
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Apr 21, 2013 19:20
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Roger_Mudd posted:Check your credit report: https://www.annualcreditreport.com and see who is listed Equifax lists AMEX and its Status is Charged-off. It doesn't show anything else regarding it.
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Apr 21, 2013 19:49
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St1cky posted:Equifax lists AMEX and its Status is Charged-off. It doesn't show anything else regarding it. No other 3rd party debt collectors? If not you are probably fine.
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Apr 21, 2013 20:30
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edit: Gonna talk to a lawyer
cr0y fucked around with this message at 07:43 on Apr 22, 2013 |
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Apr 22, 2013 01:37
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Going to recommend talking to a lawyer that knows about housing laws in your area. The lack of a current lease may or may not mean much, and tenant law varies so much between different parts of the country. As for the credit report, he probably hired some kind of collection agency that reports to the credit bureaus. I don't think joe blow can report to the credit agencies directly. Stuff like this is what the dispute system is for. I can take sue you in court for 5 gajillion moon dollars you supposedly owe me, but I have to prove it in a court of law, nothing stops me from the initial suit though.
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Apr 22, 2013 02:24
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To continue with LeaseChat, a guy I know in Texas wrote a cheque for 500 dollars for his monthly rent, the landlord received and two weeks later came back to him and said the rent that month was actually supposed to be 515 for a once-yearly trash fee, so they didn't cash the cheque and were now assessing a late fee of 700 dollars. Needless to say, I started salivating and wish very much that I had a licence to practice in Texas because I'd start knocking on doors of other tenants and run that landlord through the legal system so hard I'd haunt his children's dreams, but this guy I know is ponying up the money to avoid the 'hassle' of finding a lawyer and going through a protracted legal battle. The law in Texas states that should a landlord pose an unreasonable late fee, the tenant so charged is entitled to a sum of 100 dollars plus three times the illegal fee and reasonable attorney fees. Not to mention the random 'extra amount on the lease' thing which I don't even think is legal in Nauru. So what options are available? This guy is mostly broke and the landlord has already served him an eviction notice for failure to pay so he's really forcing his hand. How can I allay this guy's fears about finding a lawyer who would take this case on and how can he take this case to court most immediately in the state of Texas? I already told him to refuse to pay, keep all documents, and couch surf with a friend while he puts his poo poo together. pathetic little tramp fucked around with this message at 17:06 on Apr 23, 2013 |
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Apr 23, 2013 17:03
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I would try the legal megathread.
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Apr 25, 2013 04:31
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I seem to be finding varying answers about this wherever I look, so I thought someone in here that has been through it, or with knowledge of the subject, could tell me: Assuming I can get my Chapter 7 through, how long am I looking at after the discharge date until I (in combination with my wife) can get a house?
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Apr 28, 2013 05:16
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2 years post BK you should be able to buy a house with an FHA loan.
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Apr 28, 2013 15:52
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CubsWoo posted:What you want to do first is send a debt verification (DV) letter. There are plenty you can copy and paste all around the internet and you can make it all fancy and legalese-ridden but it can be simple. So I sent my DV letter to the rear end in a top hat collection agency 30 days ago, and unless there is something waiting for me today, they screwed the pooch and didn't respond. I sent the letter certified mail. So I win? How do I know that it's dissolved? Can I do business with the original org that I owed the debt to or is that bridge burned?
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Apr 30, 2013 18:54
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