Hmm...interesting thing BoA said to me re; BK

[Randall948]

I am in middle of doing a Do it yourself debt settlement and am periodically fielding calls right now. Telling them I dont have the money for all my minimum payments anymore, etc etc. In the conversation today one rep said something interesting to me.

He is trying to push me into a DMP with one of his affilates. In the convo I told him (truthfully) that I am going to do a lot of financial rearranging to try my best to avoid bankruptcy. Heres the interesting thing...

...he claims that if I file for BK the trustees now "will probably" require you to look at a DM/ consolidation plan prior to filing "so maybe you dont have to file"

Now I know that a credit counseling session is required but I was under the impression that this was basically a remedial "how to handle your money and not get in trouble" class.

I figure hes just blowing smoke or is uninformed but figure Id ask some folks who might know.

[jq26]

...he claims that if I file for BK the trustees now "will probably" require you to look at a DM/ consolidation plan prior to filing "so maybe you dont have to file"

No basis for this. And if he continues to give unsolicited legal advice, call his state bar disciplinary board and let them know about it.

[sweeperlady]

You are right their are actually two required courses. One BEFORE you can file, and one BEFORE it can be discharged. We just took an approved one for before you can file. It is a good session, they go over all your finances and help you determine if you COULD possibly go into a DMP to clear up your debts. In our case, our house is on the line due to an 11 month unemployment. If it weren't for that we would go with a DMP through CCCS, but they actually recommended that we file chapter 13. That disappointed and shocked me because CCCS is funded by the creditors and they are there to try and work out a way to pay your debts.

Good luck!