Notification of Chapter 7

[NC Mom in Indy]

What is the name of your state (only U.S. law)? Indiana

I received a draft of my petition for Capter 7 in teh mail today. I reviewed it, and noticed that there are creditors listed whom I do not owe money. The company that originally loaned us the money for our home, my first car loan, a department store credit card I had 10 years ago, a card with no balance on it for 2 years, a card that was closed years ago, and my first credit card account which I closed. All these accounts are on the petition and on the list of people who will be notified. If I do not owe them money and have no accounts or inactive accounts why would they receive anything? Also, I need to provide a name and address for Child Support. Whose do I list, my ex's or the court clerk?

I am trying to contact my attorney, but I hate waiting for the call. I want to bring the right info to my appointment (after I complete my credit counseling), and I am nervous about things. For example. BOA is the main credit card debt I have ($12,000). They purchased our mortgage a few months ago. Now I am worried that since I am reaffirming the home loan they will make me reaffirm this debt. It has been turned over to collections, and I now owe $16,000+. Another worry is GMAC. They have my car loan which I am reaffirming. They also have one credit card which I owed $800 on. (Now $1200). From what I have read I may have to reaffirm with them. Also, I read that I may have to pay attorney fees and fees to the collection companies that the credit card companies turned my cards over to. Does that really happen???? I just want the nightmare over with. I pray to God that I never end up needing to use a credit card again.

 

[bigun]

You are supposed to list all creditors and some lawyers will list all cc's even if you have no balance. Closed out mortgage and car loans seems a little over the top.

As to the other question-it'll depend on if there is a crosscollateralization clause in the paperwork.

Why do you think you'll have to pay collection fees? If the debt is discharged, all of it-fees and all are gone.

 

[NC Mom in Indy]

You are supposed to list all creditors and some lawyers will list all cc's even if you have no balance. Closed out mortgage and car loans seems a little over the top.

As to the other question-it'll depend on if there is a crosscollateralization clause in the paperwork.

Why do you think you'll have to pay collection fees? If the debt is discharged, all of it-fees and all are gone.[/QUOTE]

One of the papaers that I have to sign states that I understand that while all of the credit card debt is discharged the attorney fees and collection fees incurred while trying to collect the debt is not dischargable in a BK. I do not recall ever hearign that anyone has to pay them, but that is what the paper says.

 

[bigun]

One of the papaers that I have to sign states that I understand that while all of the credit card debt is discharged the attorney fees and collection fees incurred while trying to collect the debt is not dischargable in a BK. I do not recall ever hearign that anyone has to pay them, but that is what the paper says.


Who is asking you to sign this? That's just nonsense and is unenforceable.