Got some questions hope you can help.. 1. If you filed ch 7 (6 years ago) and now yoiu are in the same boat again, due to economy (job loss for one and salary cut for the other spouse) what are the effects of filing ch 13..how long is it on the report.. 2 can one spouse file ch 13, and the other not, if you do not have joint debts? 3 how would having these brupts, one halfway over and the other recent, affect home ownership through VA loan(hubs is a veteran) 4 can you pay a creditor WITHOUT going through the collection company that wants your checking account# and 10 checks postdated, who in turn bounces them, or takes more than agreed to(this has happened to me and several friends of mine) any help would be appreciated..
1. The BK 13 would be reportable for an additional 10 years after it was discharged. If it really is necessary to pull the pin, why wouldn't you try for another BK 7 instead? 2. Yeah, I think that is possible, but it depends where you live. I think there are issues with this if you live in a community property state. 3. I don't know. I would presume it would be just like anyone else applying for a loan with the VA. If it is an existing VA loan it shouldn't matter if you reaffirm that debt. 4. If they demanded postdated checks and bounced them, they have violated the FDCPA. You need to begin legal action against them. Proceed according to the directions folks on this board give you--particularly those with lots of experience. I would bet that your situation isn't nearly as bad as you think it is. Give us some more specific info and maybe the good folks on the board can help with a strategy to get things back under control and avoid another BK.
well, i have two cap 1 cards that defaulted and two providian too. I was doing so well, but I have not had staedy income for about two years. A collector for Cap one called and said that if I wanted to pay the account in full..get this, I would have to agree to get a new card...i said I don't want another card and she insisted..I said I would call back.. Every creditor wants check by phone. Twice I have done this with my phone company(MCI) and they bounce them, when the money is in the account on bthe date I give, it 's like they run them through anyways. One creditor want a total of twelve checks, he would not accept me paying him myself, so.....my husband is the one whose credit is really jacked, 12000 balance on a repo and 15000 in student loans that he won't make arragnements on and now they want 150 a week which we don't have, just enough for basics, they are going to garnish, so I thought maybe he should b-rupt, he is the veteran, so we would have gotten a VA loan through him
Re: Re: Need help Tough situation. The collectors need to kiss your ass. You should chop off thier harassment by sending every one of them a limited cease and desist letter "Please cease all communications with me except by written correspondence." This will keep them from calling you and force them into a paper trail that THEY DON'T WANT--paper trails tend to prove thier lies to courts. BTW..if you give them a check by phone they have your account number and will likely try to pull out as much money as possible. Since it is done over the phone you have no evidence to show that you DIDN'T authorize them to do it. ONLY deal with them in writing by certified mail. Once again a paper trail. Get copies of the postdated checks MCI processed and the dates they posted them. If they cashed them before the postdated check date they violated the FDCPA and owe you $1000 per offense. READ the FDCPA and learn it word for word. It is your best friend now. Here is a the statute about postdated checks: BTW it is located here: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm (2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. (3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. (4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. As for the repo..begin validating the debt today. The student loans MUST--i repeat without a shadow of a doubt--MUST be dealt with. Make arrangements on this today. Try to get an economic deferrment or forbearance to prevent a default or more negative info on the credit report. THey will probably work with you on this if you make the effort. Student loan debts never go away--even under bankruptcy. You cannot run from them. Ever. Judgements and Garnishments are also usually not dischargeable by BK so you need to get started on the others too. Don't dispair--you will succeed if you just keep plugging along and following the good advice of the long timers on this board.
Re: Re: Need help One last thing---if one of you isn't working right now that person needs to become your "attorney"--learning the laws, procedures of court, filing papers, harassing the CAs, mailing documents and requesting validations, etc. There's no payday at the end of the month, but there is likely one at the end of the process These chumps owe YOU money for violating the law. Get indignant and litigate them into oblivion. Not only is it potentially lucrative it is very satisfying as well. Be ruthless, they are.
4*This is exactly why you don't pay a ca eith a personal check or give them any of your baking or credit card info.
