M
MSWCCC
Guest
You can keep pre-paid college education trust deposits in FL, but I'm not finding how much cash.
-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
Should I File Or Not? Streetwise Advice Needed
- Thread starter Clipper965
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
Clipper965
Member
Thanks a million again
Yes, Have been. I have noticed in the last year or so more & more law firms are going into the collection biz. I send them the standard cease & desist letter and they usually go away. My debt crisis is spread across maybe 2 years. I had perfect credit until Aug 1998. That month I quit was forced to cease payments on 4 major credit cards that held the bulk of my debts. Though up til Dec 2000 I had smaller balalnces now in default. I have all my Chapter 7 paperwork ready in case the need arises and one of them sues me. I also found something very disturbing on my Trans Union Credit Report. A former employer checked my credit in 8/2000 and I never granted her permission to do so. I thought I Had to sign a document authorizing this and I am 100% certain I never did !
Is there anywhere on my credit report that would state the actual date where the deliquenancy began ?. Most will say the date the account opened then when it was closed and it's status.
Yes, Have been. I have noticed in the last year or so more & more law firms are going into the collection biz. I send them the standard cease & desist letter and they usually go away. My debt crisis is spread across maybe 2 years. I had perfect credit until Aug 1998. That month I quit was forced to cease payments on 4 major credit cards that held the bulk of my debts. Though up til Dec 2000 I had smaller balalnces now in default. I have all my Chapter 7 paperwork ready in case the need arises and one of them sues me. I also found something very disturbing on my Trans Union Credit Report. A former employer checked my credit in 8/2000 and I never granted her permission to do so. I thought I Had to sign a document authorizing this and I am 100% certain I never did !
Is there anywhere on my credit report that would state the actual date where the deliquenancy began ?. Most will say the date the account opened then when it was closed and it's status.
M
MSWCCC
Guest
I never knew why employers want to know credit histories. Isn't it important that previous employers give a good nod rather than credit?
Clipper965
Member
NEW BANKRUPTCY LEGISLATION
Me Again
I am worried about these changes in the Bankruptcy laws that appear will become law soon. Will this effect any statues that pertain to my situation?
Me Again
I am worried about these changes in the Bankruptcy laws that appear will become law soon. Will this effect any statues that pertain to my situation?
Clipper965
Member
GOT SERVED WITH SUMMONS TODAY
One of my largest creditors served me with a summons today and am going to file. I really cannot afford the legal fees now but have researched this subject to death over the last 4 years. I have an attorney friend who I have asked to allow me to add his name onto my papers. I have heard numerous horror stories about how in an attorney less case, post bankruptcy creditors try all kinds of tricks and games. I have a 1 VISA Check card and one MasterCard Check card. Will I lose them once I file? Do I list them as a credit card? I have right now $1700 in the bank that is from my Student Loan money I use to pay for my education and my living while in School. How do I protect it? Any other advice anyone else can give before I file I would appreciate. My goal is to file by Dec 1st. Also the Courthouse is 60 miles from my home and I would have great trouble getting there. Is there any respectful way to ask the court to excuse me being there for the final discharge?.
JV
One of my largest creditors served me with a summons today and am going to file. I really cannot afford the legal fees now but have researched this subject to death over the last 4 years. I have an attorney friend who I have asked to allow me to add his name onto my papers. I have heard numerous horror stories about how in an attorney less case, post bankruptcy creditors try all kinds of tricks and games. I have a 1 VISA Check card and one MasterCard Check card. Will I lose them once I file? Do I list them as a credit card? I have right now $1700 in the bank that is from my Student Loan money I use to pay for my education and my living while in School. How do I protect it? Any other advice anyone else can give before I file I would appreciate. My goal is to file by Dec 1st. Also the Courthouse is 60 miles from my home and I would have great trouble getting there. Is there any respectful way to ask the court to excuse me being there for the final discharge?.
JV
The money in your bank account is exempt from siezure as long as you can provide absolute proof as to the source of that money. If you have stubs or paperwork that shows the deposits are from an exempt source, you'll be fine.
There is no getting out of going to the 341 meeting (meeting of creditors), you MUST be there or the case could be dismissed, so find a way to get there. The final discharge you speak of will not require your appearance. If there are no objections to your BK during the 60 days following your 341 meeting, the discharge is granted and you get papers in the mail.
There is no getting out of going to the 341 meeting (meeting of creditors), you MUST be there or the case could be dismissed, so find a way to get there. The final discharge you speak of will not require your appearance. If there are no objections to your BK during the 60 days following your 341 meeting, the discharge is granted and you get papers in the mail.
Clipper965
Member
Where?
Where on the forms do I put that?. Also I got the forms from the NOLO Press book then made photocopies with a XEROX Machine. I cannot find these forms on the web where they can be typed in with a word processor. Can I write everything in ink?. I am in Florida
Where on the forms do I put that?. Also I got the forms from the NOLO Press book then made photocopies with a XEROX Machine. I cannot find these forms on the web where they can be typed in with a word processor. Can I write everything in ink?. I am in Florida
Office Depot or Office Max (can't remember which) carries bankruptcy kits, paper and electronic, for about $25. The electronic pkg allows you to fill in your forms on the computer.. which is how I would do it.
As for where you put the exempt bank account balance, you put it with the rest of your personal property exemptions. I think you'd put the balance of the bank account on the form. I think you would have to be prepared with the proof that the total is exmept to show the Trustee if you're asked. Since your financial statement should show the source of your 'income' is exempt, that shouldn't be much of a problem.
As for where you put the exempt bank account balance, you put it with the rest of your personal property exemptions. I think you'd put the balance of the bank account on the form. I think you would have to be prepared with the proof that the total is exmept to show the Trustee if you're asked. Since your financial statement should show the source of your 'income' is exempt, that shouldn't be much of a problem.
Clipper965
Member
MY Own Filing
I saw a kit on AMAZON .com by Info-America that comes with a CD. One of my biggest concerns is about possible creditor harrassement during or after the discharge. In Florida there is a checkbox indicating if the case is to be handled by an Attorney or not. I have been told this is a green light for all kinds of post discharge trickery and harrassement by creditors. I really cannot afford a lawyer but am worried about long term problems. I once worked for the Settlement Administrator that did the Sears Class Action back in 1997 and saw how they tricked people into signing those re-affirmation agreements and sneaked them past the eyes of the courts, until they were caught of course, all those people who got duped filed without a lawyer.
I saw a kit on AMAZON .com by Info-America that comes with a CD. One of my biggest concerns is about possible creditor harrassement during or after the discharge. In Florida there is a checkbox indicating if the case is to be handled by an Attorney or not. I have been told this is a green light for all kinds of post discharge trickery and harrassement by creditors. I really cannot afford a lawyer but am worried about long term problems. I once worked for the Settlement Administrator that did the Sears Class Action back in 1997 and saw how they tricked people into signing those re-affirmation agreements and sneaked them past the eyes of the courts, until they were caught of course, all those people who got duped filed without a lawyer.Since Sears was caught forcing reaffirmations on people, they have been pretty quiet in BK court (so we've heard). Other creditors who would use the same tactics as Sears tried probably would be watching their P's & Q's as well.
From what I've read here, there are very few creditors who show up or try to really push reaffirmations. Worst I've seen here is Best Buy and Circuit City, but they apparently don't push all that hard.
As for creditor harrassment during BK and after your discharge, it can and does happen. During your BK you have to be tough with any of them that are stupid enough to defy the automatic stay and all you give them is your BK case number and info and tell them that if they continue to harrass you you will file a complaint with the BK court and they'll be fined and sanctioned. You just have to be tough !! Same for post-discharge -- stay tough, keep copies of your BK papers, creditor matrix and discharge papers at hand and ready to mail to any dirtbag who calls you afterwards. They too would be in line for fines and sanctions for violating the BK laws.
The key for you is to make sure you include EVERY original creditor and every single collection agency that might have been assigned an account. Pull your credit reports prior to your filing and again before your 341 to make sure that nothing 'new' pops up, and if it does, that you modify your filings to add them.
From what I've read here, there are very few creditors who show up or try to really push reaffirmations. Worst I've seen here is Best Buy and Circuit City, but they apparently don't push all that hard.
As for creditor harrassment during BK and after your discharge, it can and does happen. During your BK you have to be tough with any of them that are stupid enough to defy the automatic stay and all you give them is your BK case number and info and tell them that if they continue to harrass you you will file a complaint with the BK court and they'll be fined and sanctioned. You just have to be tough !! Same for post-discharge -- stay tough, keep copies of your BK papers, creditor matrix and discharge papers at hand and ready to mail to any dirtbag who calls you afterwards. They too would be in line for fines and sanctions for violating the BK laws.
The key for you is to make sure you include EVERY original creditor and every single collection agency that might have been assigned an account. Pull your credit reports prior to your filing and again before your 341 to make sure that nothing 'new' pops up, and if it does, that you modify your filings to add them.
Clipper965
Member
And.........
The collection agencies is for me a problem. There were so many over the last 4 years I cannot even recall. All were sent the CEASE & DESISIT letter and then vanished only to be replaced by another. I have many of the names and addresses and contact names for these collection agencies but suppose I forget one?.
Another thing, I am still concerned how this could effect any employment prospects. I know what the law says but I hear JIM CROW is alive and well and living in Bankruptcy Land. A Los Angeles lawyer told me that actually, a Bankruptcy is to my advantage in this regard because prospective employers worry about Employee theft and a huge debt load would turn them off. What are your thought?
THANKS FOR ALL YOUR HELP !
The collection agencies is for me a problem. There were so many over the last 4 years I cannot even recall. All were sent the CEASE & DESISIT letter and then vanished only to be replaced by another. I have many of the names and addresses and contact names for these collection agencies but suppose I forget one?.
Another thing, I am still concerned how this could effect any employment prospects. I know what the law says but I hear JIM CROW is alive and well and living in Bankruptcy Land. A Los Angeles lawyer told me that actually, a Bankruptcy is to my advantage in this regard because prospective employers worry about Employee theft and a huge debt load would turn them off. What are your thought? THANKS FOR ALL YOUR HELP !All you can do is list every single OC and CA that you have or that are on your credit report. The majority of them are going to be on your credit report. I don' t know that there's any real way to be sure you get every single CA that was ever assigned your accounts.
You also said 'over the past 4 years'..well the SOL in FL is 4 years. If any crawl out of the woodwork for debts that are more than 4 years old, you can tell the to pound sand anyway
As you said, by law you cannot be denied a job based on your BK. That's not to say that some employer might do just that. If you're not going for a finance-type position, it probalby doesn't have much of an impact.
You also said 'over the past 4 years'..well the SOL in FL is 4 years. If any crawl out of the woodwork for debts that are more than 4 years old, you can tell the to pound sand anyway
As you said, by law you cannot be denied a job based on your BK. That's not to say that some employer might do just that. If you're not going for a finance-type position, it probalby doesn't have much of an impact.
Clipper965
Member
What About............
I am still in College. I have a loan disbursement coming in a few weeks, I will be in BK by that time. Will the BK delay or stop those funds coming in?. Also I toyed with the idea of renting one of those MAIL BOX etc addresses but a friend told me it was not necesarry because even an agressive x creditor will always try their funny business by looking you up at old addresses or trying old phone numbers.
I had one try to call my mother's neighbor 2 years ago looking for me.
I am still in College. I have a loan disbursement coming in a few weeks, I will be in BK by that time. Will the BK delay or stop those funds coming in?. Also I toyed with the idea of renting one of those MAIL BOX etc addresses but a friend told me it was not necesarry because even an agressive x creditor will always try their funny business by looking you up at old addresses or trying old phone numbers.
I had one try to call my mother's neighbor 2 years ago looking for me.BK should have NO effect on your student loan disbursement.
CA's will troll every database they can pay for to get an address or phone number for you, even if they're years old, and they WILL call neighbors. However, there are limits under the law as to how much of this they can get away with to locate you.
CA's will troll every database they can pay for to get an address or phone number for you, even if they're years old, and they WILL call neighbors. However, there are limits under the law as to how much of this they can get away with to locate you.