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About BlackMetallic

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  1. GCFS have very aggressive attorneys who just love to intimidate debtors but absolutely hate it when you actually start fighting them. One of them is very narcisstic and has an utmost contempt for pro per defendants who even dare to challenge his mighty omnipresence and omnipotence. But since they are extremely aggravating, they'll awake the defensive instincts in you pretty quickly, which is good. They are fond of trying to nail you before the trial, and their favorite route is: They send you their requests for admission, hoping you don't respond If you don't respond or respond incorrectly
  2. Fair enough, but I am looking at a wide variety of different solutions and do not for one second believe a bankruptcy is a permanent solution for dealing with a secured loan, i.e. mortgage. I filed Chapter 7 bankruptcy first and foremost to get rid of cc debt and some other debts, but I appreciated the fact that the automatic stay gave me a breather to have the time to work with a HUD counselor, apply for a loan mod, consult with real estate attorneys, etc. etc, without the mortgage lender hounding me with all their collection efforts. I'm not that far behind with my payments and I think I hav
  3. I'm wondering if this is even possible due to jurisdiction issues, but here is the dilemma: Lender has filed a motion for relief of stay in my bankruptcy case. The motion was supported by a declaration of one of lender's employees, who is claiming to be a custodian of records/specialist, etc. etc. The declaration was signed under penalty of perjury and some of the information in it was incorrect. Once the bankruptcy is over, is it even theoretically possible to use that declaration to launch a RESPA/QWR inquiry into how loan servicer made the oversights/errors that can be seen in the decl
  4. Did he tell you if it is $2,000 all together, or if it is $2,000 plus the court filing fees? I would tend to think it's probably the latter, and it sonds like a deccent deal, considering that you have a business, and that the Chapter 7 (I am assuming you're going for 7) gets a bit more involved if you have a business/business debt. If you look at some of the bankruptcy schedules (forms), there will be a lot of extra questions to answer if you have been running a business in the last 6 years. I don't recall the section all that well, since it didn't apply to me, but I believe you have to includ
  5. Very, very true. To cut down on how long I need to have the rental, I have talked to a few dealerships that are willing to extend me a car loan even though I did not get the discharge of my debts yet. But they need a letter from my Trustee, stating that it is ok for me to get a loan, pre-discharge. I am not counting on this, but am exploring it as a possiblity. That is an excellent point. I thought I was ok with my insurance, as the customer service rep from my insurance company HQ told me that, upon surrendering my car, I could get my policy changed to the non-owner driver, and that I co
  6. Long story short, I am in Chapter 7 and am surrendering my car. I am going to get a new car after I get the bankruptcy discharge (some 40 or so days from now), but need transportation in the meantime. I figured I'd just use my debit card to rent a car but have noticed a disturbing trend with some of the rental companies checking credit scores even if you use a debit card. Are there any car rental companies that are more friendly towards some of us with bad credit/bankruptcy on the credit report? Thanks.
  7. Yup, I second what @willingtocope said. I'd go and get even 3-4 free bankruptcy consultations with different lawyers before you settle on the one that's the best for you. You are also going to get the most ouf ot these lawyers while they're trying to retain you as a client. Once you pay your fees, most lawyers (there are noble exceptions, though) become a bit scarce, so you end up working with their paralegals more than with lawyers themselves. They becomes less available for questions, etc (my experience). For that reason, get as many free consults from different lawyers as possible. As far
  8. My mortgage lender is sending a lot of mixed signals, so I am trying to gauge their intent and come up with a plan. I was 2 payments late and then filed Chapter 7 due to crushing CC debt and upcoming CC Trials when my 3rd mortgage payment was due. After paying all the attorney fees, I did not have money to pay my mortgage payment, so I got to the point where I was 90 days late. A couple of weeks later, I sent all of the loan mod documentation, have been cooperating with them and been sending them all the documents they'd request. I also do have a fairly good income/job now (finally!), so I p
  9. I think you've really nailed it with that statement. There is just so much social stigma regarding debt and bankruptcy that most people hide their problems and project a happy face to the world. It seems that too many people look at all these issues EXCLUSIVELY from the personal responsibility angle, as if we had total and complete control of everything happening in our lives. Yet it is incorrect to take a look at the personal behavior alone outside of the system and ignore the context it which it all happens. Maybe we should blame it on schools, but people really do not get taught systems &am
  10. Hi All, I'm just looking to find how some of you cope with all the stresses of fighting debt lawsuits or surviving bankruptcy, whatever your predicament is. I initially fought debt lawsuits in 2011-2013 period, but have eventually decided to file for Bankruptcy. I have a good Bankruptcy attorney, but he is not equipped to be my psychologist , so I am trying to find a way to cope. What do all of you do when the blues hits hard? It doesn't happen much to me, but when it does, it's with full force... Last week has been particularly hard. After a lot of push and pull with the Trustee for the
  11. Thanks to everyone for all of your help. The CU accepted my one month mortgage payment, which is encouraging. I am doing my best not to fall more than 90 days late with the loan, and am planning to start closing the gap with two payments in December cutting the arrears down to 60 days, modification or no modification. I suppose this is going to mean having to be on a rice and beans diet for a while, but I am willing to give it a try. My income is pretty decent/stable moving forward, and with the CC debt about to be discharged in Chapter 7, my income to debt ratio will get way better, which sho
  12. I realize this is slightly off-topic, but does the bankruptcy court in your district have any case info available online? You may be able to access the Court calendar, pre-hearing dispositions for the Judges, etc. I've been reading through a lot of tentative rulings in the BK court in my area. They help me understand what the most common bankruptcy "battles" are, what the arguments are, how rulings are decided, etc. Although, if you have a relatively straightforward case with little or no assets, you may likely not even see the Judge at all. But, it doesn't hurt to be prepared. Also, if you
  13. Thanks for sharing Here is another article I read today on the subject:
  14. Just curious if anyone has had any experience defending against foreclosures in California or in any other non-judicial foreclosure state. I am currently 3 months behind on my first mortgage and have filed for Chapter 7 bankruptcy recently. The automatic stay is currently in effect, and the lender has not filed the motion for relief of stay (not yet). I have sent one QWR request and got the note, deed of trust and other basic stuff. I have also sent the loan modification docs, but was told not to expect too much to happen on it while I am in chapter 7. I have sent one payment this month (that'
  15. Are you going to file "pro se" or are you thinking of hiring an attorney? Your best bet would probably be getting a free consultation with one of the bankruptcy attorneys where you could ask this very question I am not a lawyer, but taking out a title loan on your vehicle (I am assuming you're getting a tittle loan on that existing truck), may complicate things. It is totally understandable if that is your only way of paying for the Bankruptcy attorney, but I think that the Bankruptcy trustee may require you to pay him the entire non-exempt value for the car, as if you had never gotten a loan.