Author Topic: sick of the drama  (Read 1770 times)

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darude

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sick of the drama
« on: September 18, 2015 01:28:47 AM »
after being unemployed for the past 3 years and still not employed due to the <Removed> economy. i am thinking of doing a chapter 7 bankruptcy myself since i can't afford a lawyer to do it for me. i have a quick no asset case. what will the trustee want to see?? i know that i will have to take a means test and some other test?? i just want to get the ball rolling before i get any judgments against me!!
« Last Edit: September 18, 2015 02:22:36 AM by darude »

brutor0371

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Re: sick of the drama
« Reply #1 on: September 18, 2015 03:52:50 AM »
after being unemployed for the past 3 years and still not employed due to the <Removed> economy. i am thinking of doing a chapter 7 bankruptcy myself since i can't afford a lawyer to do it for me. i have a quick no asset case. what will the trustee want to see?? i know that i will have to take a means test and some other test?? i just want to get the ball rolling before i get any judgments against me!!

Hey man, I feel you and I identify with your sentiment, but be careful what you ask for.

I found myself in a similar place a few years ago after an unfortunate series of events including 2 layoffs, I was angry as well. It's normal to be angry and it's 100% okay, but as strange as it sounds, you need to keep a clear head at this time.

Do you realize that by filing a BK you may be cutting off a lot of free money?

This consumer law stuff pays, and it pays well. I won't lie, after I initially fell behind and defaulted on everything I mulled over the idea of filing a BK. But then I learned about consumer law, and specifically the TCPA. I started studying and jotting down the incoming collection call information. Last year I started getting settlements, and in fact they were enough to cover all of my bills all the way into February of this year.

What I'm saying is, maybe being "behind" is not so bad afterall if you learn how to play the game. For me it's been a blessing in disguise and a godsend, and in fact these various entities are STILL paying my bills.

Just know that by filing a BK you may be turning off the metaphorical "money faucet". Personally I don't plan to EVER file for BK knowing what I know now, and I can't help but grin every time I hear my cell phone ring.

Think long and hard, you may be leaving lots of free money on the table. This is just my opinion of course, I just thought I would share my personal experience with my own situation that was pretty much identical to yours. We're all angry about the economy man, it's how you choose to navigate these turbulent times that matters.
« Last Edit: September 18, 2015 03:57:53 AM by brutor0371 »

shellieh98

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Re: sick of the drama
« Reply #2 on: September 18, 2015 04:39:17 AM »
What is your total debt? How many people are suing you?
It would depend on those 2 factors.  You can defend yourself in litigation, and if you lose? Who cares if you are considering bk anyway.  I would consider using my free time in educating myself in the legal system, and what I could do to turn this around.  If I owe more than I could reasonably pay off in a few years, and I get any judgements against me, BK would be my final option.

Flyingifr

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Re: sick of the drama
« Reply #3 on: September 18, 2015 02:31:54 PM »
after being unemployed for the past 3 years and still not employed due to the <Removed> economy. i am thinking of doing a chapter 7 bankruptcy myself since i can't afford a lawyer to do it for me. i have a quick no asset case. what will the trustee want to see?? i know that i will have to take a means test and some other test?? i just want to get the ball rolling before i get any judgments against me!!

What's your hurry? While you are unemployed you have nothing they can take or attach (read "Making Yourself Judgment Proof" in the Flyingifr Method). Why would you cut off the goose that lays the golden egg - meaning why file BK when all your nice creditors and their CA's and JDB's may be lining up to send you $1,000 checks. Just lay back, wait for the FCRA/FDCPA violations, collect your settlement checks and use THAT money to hire a lawyer to file the BK when you get back to work and have a paycheck to protect.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

coltfan1972

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Re: sick of the drama
« Reply #4 on: September 18, 2015 03:16:24 PM »
What's your hurry? While you are unemployed you have nothing they can take or attach (read "Making Yourself Judgment Proof" in the Flyingifr Method). Why would you cut off the goose that lays the golden egg - meaning why file BK when all your nice creditors and their CA's and JDB's may be lining up to send you $1,000 checks. Just lay back, wait for the FCRA/FDCPA violations, collect your settlement checks and use THAT money to hire a lawyer to file the BK when you get back to work and have a paycheck to protect.

This ^^

I would even go a step further, and would say not to file BK until you actually have a judgement against you.   If you have the BK card you can use, then why play that card until you have no other cards to play?

Tired of the drama and headache seems like a very poor and over-reaction, since per your own post you really have no reason you need to file at this time.
LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

brutor0371

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Re: sick of the drama
« Reply #5 on: September 18, 2015 06:52:48 PM »
What's your hurry? While you are unemployed you have nothing they can take or attach (read "Making Yourself Judgment Proof" in the Flyingifr Method). Why would you cut off the goose that lays the golden egg - meaning why file BK when all your nice creditors and their CA's and JDB's may be lining up to send you $1,000 checks. Just lay back, wait for the FCRA/FDCPA violations, collect your settlement checks and use THAT money to hire a lawyer to file the BK when you get back to work and have a paycheck to protect.

My thoughts exactly, these outfits are so aggressive/sloppy that it's almost impossible for there to not be at least 1 violation of the law.

Personally I love this stuff, money gets delivered straight to your door just like ordering a pizza.

The OP needs to seriously think this through, as BK should really only be a "last resort". And also, if he files BK now he will not have that card available to play in the future during a more serious emergency such as a foreclosure or having judgments. Being behind on a couple credit cards doesn't seem like a "big" emergency in my opinion, I defaulted on some credit cards myself some time ago, it's not that big a deal.

coltfan1972

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Re: sick of the drama
« Reply #6 on: September 18, 2015 08:03:45 PM »
Personally I love this stuff, money gets delivered straight to your door just like ordering a pizza.

 :vbrofl:
LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).