Thursday, August 6, 2009

Stress/credit/money/debt/bankr...

Here are some things I%26#039;m worried about. Maybe you can help:



1)If I file bankrupt, what if I have lost track of all of the places I owe money to?



2)I%26#039;m terrified I have a warrant out for my arrest. My fiance says I%26#039;m crazy. I did get arrested once before, though. I had written a check,w hich bounced. I had no idea. It was for 14 bucks. I moved to a different city and apparently they summoned me to court and i was a no show because I never bothered to get my address changed. I had only lived there for 2 months. It was awful. i had never even had a speeding ticket. So, yeah, that%26#039;s why I%26#039;m scared. Is there some way to find out without just waltzing into the police station?



3)What can NOT be filed under bankruptcy?



4)I had 3 credit cards for 300 dollars each. I haven%26#039;t paid them off because I%26#039;ve been paying off so many other things. It%26#039;s been a year. Can they do anything before I file?



5)Any suggestions on any of this? I%26#039;m losing my mind.



Stress/credit/money/debt/bankr...

talk to a bankruptcy lawyer.



Stress/credit/money/debt/bankr...

You%26#039;ve been a bad bad girl haven%26#039;t you? JK Have you written more checks that bounced? Did you then close the account, or just never put enough money in the bank to cover them? If you answered yes to any of these, then yes, someone is probably looking for you. Don%26#039;t fret, just go to the bank where you had the account(s), tell them who you are, and they can tell you what did bounce (unless you know aready) and how much. If the bank is after you, which is unlikely, they%26#039;ll tell you that to. They will tell you that you owe them money for NSF fees.



If you already know what did bounce, then what your asking is, %26quot;How do I find out if I%26#039;m wanted so I know wheather I can still get away with not paying%26quot; Go pay your bills girl, and quit trying to live beyound your means.



It%26#039;s unlikely that the credit cards are looking for you, unless of course you got the card, maxed it out within a week, and haven%26#039;t payed a dime on it at all. Then they might be, as that can be considered fraud, a felony here in the US. If you have been paying on them then stopped, they%26#039;ll just stick it on your credit report.



For number 1, get a copy of your credit report. Who ever wants money from you will be on there. And if you think of someone who isn%26#039;t, don%26#039;t forget to file on them.



For number 3, Taxes less than 3 yrs. old, back child support, your drug dealer, and depending on where you live, your house and keeping it.



As for number 5, $900.00 isn%26#039;t that much money to be losing your head over. Here, lets fire one up, and you just relax, everythings going to be ok. Take a deep breath, now exhale slowly, do that 10 times.



Stress/credit/money/debt/bankr...

Ok...first off...relax :) I know how you feel - I was in the same predicament a few years ago (minus the arrest). One day I woke up and realized that I stressing and freaking out isn%26#039;t going to change the situation. Stress is only going to hurt you in the long run. I know it is easier said than done, but things will get better.



Now to your questions.



1) It doesn%26#039;t matter if you forgot where you owe money...your bankruptcy attorney will use your credit report. Anything that doesn%26#039;t show up on your credit report, is still legally considered discharged even if you don%26#039;t %26quot;remember%26quot; it. As long as you don%26#039;t purposefully hide your debt or deceive the court, you should be ok. The bankrcupty discharge applies to any and all debts that you acquired BEFORE the discharge. It is important that if you do file, that you DO NOT acquire any new debt while you are waiting for your discharge. Otherwise, the court will rule against you, and you%26#039;ll be right back where you started.



2) As for a warrant...I doubt that someone would issue an arrest warrant for a $14 check. When you meet with your bankruptcy attorney, you might be able to get that taken care of. How do you know they summoned you? If they tried to summon you at an address you don%26#039;t live it, it doesn%26#039;t matter - they have to sue you in the county in which you live. If you%26#039;ve changed counties, then their suit is usless. Of course, if it is a criminal filing, the rules are different but $14 seems so small amount to even bother with. Considering the amount is so small, I doubt a criminal court would touch it. It%26#039;s probably a civil summons. If a judgment was entered against you, the bankrupcty will get rid of it. Again, if it is a criminal proceeding, the rules might be different.



3) You can%26#039;t discharge student loans in bankruptcy, as a rule, but it%26#039;s not impossible to get rid of them. If you are disable and have no future prospects of earning anything, sometimes the court will let you discharge them, but it%26#039;s rare. Child support and back taxes are not dischargheable either. Some medical bills may not be. Depends on your state.



4) The only thing a creditor can due is sue you. If they sue you, you can stop the proceedings by filing for bankruptcy. HOWEVER...you should not use your credit cards or try to get new credit 90 days before you file nor should you try to get cash advances. This could be construed as fraud. Also, any debt that you acquire 90 days before you file for bankruptcy must be paid back. Large purchases may be taken from you and sold to pay your creditors.



5) Suggestions: First, don%26#039;t use your credit cards anymore for the next 90 days. Second, don%26#039;t stress out - I doubt you%26#039;ll be arrested for a $14 bounced check, but I suppose it%26#039;s possible. Third, don%26#039;t write anymore checks that might bounce. Stick to cash!!



Sounds like you really need to talk with an attorney who specialize in bankruptcy to make sure that you don%26#039;t have any criminal litigation pending.



Good luck.

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