Since there is no way in Hades I can win

[I_know_I_know]

I was reviewing the credit card statements that the PA sent me from Dlsc0v3r Card. I am certain that a good portion of the charges are mine, although some of them are so bogus ($50/month for identity protection? Really?)

As much as I would love to settle, My piddly job only pays for essentials -- food, utilities, gasoline, insurance, etc.

I think the best plan for me is to file BK. What do I do about my upcoming court date? Should I call the PA and let them know that I plan to file? Show up in court? Just skip court and get hit with the judgment? I don't like that option, but I feel that I am royally screwed.

[willingtocope]

Find a BK lawyer quickly. Refer all collection calls to him....

[LearningasIgo]

If it were me, I'd probably show up in court. Meanwhile I'd be working on my BK7. And no attorney. If the BK7 is straightforward, there is ABSOLUTELY no need for an attorney, in my opinion and experience, and the experiences of three others I know. That means up front, the filing is 299.00.

If not having an attorney seems daunting, there is an excellent book source to be had, either the soft copy or electronic copy for about 30 bucks or so. It will explain step by step, even supplying the sample forms to be filled out, and the forms themselves. The forms are also available on the BK courts' websites, free.

The entire process took me about a week.

Some things to consider:

....BK7's are granted at a 99% clip

....the main thing, tell the truth on the forms

....the other main thing, make sure the creditors' matrix is complete

Of course, all is relative to the indiviidual's own credit problems, but it should be a long and hard look before shelling out thousands for what that individual could do himself. My opinion and experience.

[Torden]

You should file the BK before the court case reaches judgment. Even though a BK7 will discharge the debts, it does not clear off the CR. The judgment, like any debts, even though discharged, will remain to be seen until their usual fall-off date. That could make it a little harder to recover, financially.

OTOH, some people might intentionally try to drag out a case just to cause the plaintiff to rack up their own costs before it gets discharged. It happens. That's at least technically dishonest. If you send the plaintiff a letter (always CMRRR) stating your intention to file BK7, then at least you would have a defense against being accused of such things (which otherwise they might use to argue to not discharge the legal costs because you could have prevented them from spending them while you were preparing your filing). Don't expect it to actually stop them from proceeding. It's just to CYA.

[Linda7]

What is the ballpark figure they are trying to collect?

[WhoCares1000]

They probably cannot win if they tried for an adverse hearing to not discharge the legal costs of the suit. They only possible avenue they have is fraud and that would be very hard to prove because they would have to prove that you were planning to file BK all along. It is not easy to prove something like that.

[Torden]

I agree they probably could not win. But CYA-ing is always a good thing under the "hope for best, plan for worst" principle (can we call that HfB/PfW ?)

[I_know_I_know]

What is the ballpark figure they are trying to collect?

They want $7,356.47 plus 8% interest per annum, and court costs.