• Content Count

  • Joined

  • Last visited

Community Reputation

10 Good

About nolo

  • Rank
    Impressive 100+ postings
  1. fivetwos, Are you trying to settle the debt or are you trying to stall them off while you figure out how to settle the debt? The bottom line is, there are lots of ways you can stall for time. But stalling for time is just that, it does little to actually resolve the problem. If the debt is yours, your best bet is to work out a settlement. Sure, you should always be certain the debt is yours and the amount being claimed is accurate. That's what the DV process is for but beyond that, rather than dragging it out and spending months or years in hiding, you would be better off just settling the d
  2. What you should do now is let your bankruptcy attorney handle it.
  3. TTT, You should have received a letter from the Trustee's office, outlining anything you should take with you to the 341 meeting. If you have an attorney, you should have received a letter from your attorney which also details what you should take with you to the 341 meeting. In my case, I had to take proof of my identification. A current and valid drivers lincense and a recent paycheck stub from work.
  4. frustratedone, Having just gone through a bankruptcy myself, I can feel your pain. HOWEVER, the question of possible assets acquired through litigation, such as you describe, should have been thoroughly explored and dealt with by your bankruptcy attorney BEFORE YOU FILED. The Trustee should have been made aware of the PI asset possibility. None of what's happening now should be a surprise to anyone. IMO based on your statements, I'd say your BK attorney let you down. It's details like this that necessitate hiring an attorney at all, as opposed to filing pro se. You should have been better ad
  5. Spoiler, Even though it's true, the FDCPA does not apply to OC's, there are laws against telephone harassment. If you send them a letter, certified mail with return receipt, informing them that you do not want any more harassing phone calls from them, they will most likely stop calling. I've used this technique a number of times with good results. If they continue to harass you, just keep building a paper trail and include your state AG in the loop. They WILL stop calling.
  6. As much as I hate W&A and their improper use of the arbitration process, IF debt tired is indeed bound by a valid arbitration clause in the original contract, then IMO legal action has taken place before the SOL ran out.
  7. My BK was just discharged, so I just finished going through all of this. During the 341 meeting (this was initially a chapter 13 filing, that was later converted to a 7) the Trustee was balking at our request for $500.00 per month food expenses. There are just the two of us but our income level was slightly above average (we filed under the old rules). Apparently, the Trustee's around here had been raking people over the coals as far as food expenses and were pretty used to getting their way. My attorney told us to expect some "eyeballing" of our food expenses. Well, just as we were about t
  8. Your last payment on the account (08/02) reset the SOL clock. So if W&A FILED the Arbitration action prior to 08/06, then they DID take legal action before the SOL ran out.
  9. Here's a good link with excellent information: My understanding is that if a collection or charge off was reported BEFORE you filed BK, then it can still be reported after the BK BUT the account must still be reported as IIB. However, once the account is discharged in BK, NO NEW collection or charge off tradelines can be reported on that account.
  10. kimberlyr, Here is how the SOL generally works with respect to bankruptcy filings. If you CAN be sued, that means you are available and you are NOT protected by any other laws, then the SOL is running. If you CANNOT be sued, that means you are unavailable or you ARE protected by some other law, then the SOL is tolled. Filing a bankruptcy invokes an automatic stay, which protects you from lawsuits, therefore the SOL is tolled. As far as the CBR trade line of "discharged in Chapter 13", if the BK was dismissed, then obviously the tradeline is in error. You can either correct the error or try to
  11. Credit reporting of a Chapter 13 BK starts on the filing date and continues for 7 years. (if the plan was completed and the discharge was granted) Credit reporting of a Chapter 7 BK starts on the filing date and continues for 10 years. Credit reporting starts from the FILING date not the discharge date. (I could be wrong now, but I don't think so)- Adrian Monk
  12. The mortgage situation is dealt with in the bankruptcy. There is either a signed (and approved by the court) reaffirmation agreement to continue the mortgage obligation or there isn't. No formal reaffirmation agreement = no post-bk mortgage obligation/responsibility
  13. First of all, if you haven't already, I'd advise you to consult with a bankruptcy attorney. Also, the duration of a Chapter 13 repayment plan is five years, not three years. So, you would be paying ALL of your disposable income into the plan for 60 months.
  14. No, your payment is not set in stone. That is a ridiculous statement, especially coming from a legal secretary in the BK field. You will need to talk to your attorney about this and when you do, I'd mention what the secretary told you. She should be thinking about a new career.
  15. Yes, that is possible. In fact, I believe you are expected to report changes in eranings or expenses that exceed 10% of your plan payment.