by LovesDubs 72 Replies latest jw friends
LoveDubs, let's focus on the problem at hand. I don't think you have to explain yourself. Times are hard and that's enough for anyone. Have you consulted with a bankruptcy lawyer?
There is a great support forum for all your questions ... a few lawyers are regulars there as well.
http://www.bkforum.com/forumdisplay.php?f=14
Good luck! Don't get stressed out.
LovesDubs:
Yeah...like it never occurred to me to "pay my bills on time".
I thought that was why the bank took the money from your account, because you hadn't paid your credit card bill on time. If I'm wrong I apologise.
I had excellent credit until the housing market TANKED and the bank ended my construction line of credit because my house wasnt worth what the line was any more. And so we couldnt finish the renovations we started. And we couldnt therefore refinance it. And therefore we couldnt get the money back OUT of it we just put INTO it...and therefore are now having to file bankruptcy to keep a roof over our heads. yeah...thats all my fault.
I'm not sure whose fault you think it is. Sure, the economy's not what it was and that's obviously beyond your control (although of course the collapse was inevitable given the number of people borrowing beyond their means). Ultimately, you made a risky decision and it turned out to be a bad one. I don't think you can blame your creditors for trying to recover the money you owe them before you try to have all your debts cancelled.
Thank you sacolton for your help....we have a call in to her from this morning and an appt to sit down with her next Tuesday. These same creditor people have called me repeatedly every day for the last three months as if my story is going to be any different than it was yesterday. They got their money yesterday and I called them and lo and behold...they wont return my phone calls now. Nice....reeeeeal nice. And of course the other thing B of A does is that they take all the transactions from one day, no matter when they came in, and put them in order LARGEST to LEAST so that the big amounts are taken out first, leaving NO money for the small ones...and then they charge $30 a pop for all the stuff that bounces after that. Another great way to screw the consumer.
Again...perfectly legal and as slimey as the day is long. Im just grateful they didnt do this a month ago when my tax refund came in. Just three more days and that money wouldnt have been in there for them to take, it would have been in my lawyers hands. But its spilt milk now. Just makes me feel raped.
Just like anything else...we will have to work through this, one brick at a time.
You are responsible for your own finances. Don't try to blame the bank for your misdeeds and mismanagement.
DO NOT KEEP MONEY IN THE SAME BANK WHERE YOU HAVE YOUR CREDIT CARDS!!
Exactly. And B of A is notorious for taking out fees and overcharging customers.
Believe it or not, there is a bright side to this. At least you don't have to go to the kingdom hall and listen to the JWs chant in unison, "Jehovah will provide."
Ok, sorry. Bad joke, but it was said to me so many times by JWs. Just before I lost my home.
Sometimes our finances can be like a house of cards, and one setback can cause everything to go to shit. I've been there, but had parents that were in a position to help me out.
I hope your lawyer can help you with this.
W
Ok people...funkeyderek says:
DONT MAKE IMPROVEMENTS ON YOUR HOME TO INCREASE ITS WORTH. EVEN THOUGH ALL EXPERTS SAY THAT IS THE QUICKEST AND BEST WAY TO DO SO. FUNKYDEREK SAYS THATS A BAD DECISION.
So therefore it must follow: DONT INVEST IN THE STOCKMARKET IT'S TOO RISKY. WITHDRAW ALL YOUR MONEY IMMEDIATELY. STUFF IT IN YOUR MATTRESS
And.....DONT SPEND MONEY ON ANYTHING BEFORE SEEKING THE ADVICE OF A FINANCIAL PSYCHIC WHO CAN TELL YOU FOR 100% CERTAINTY THAT YOUR INVESTMENT WILL BE REPAID, THAT THE BANKS WILL NOT OVER-LOAN, THAT PEOPLE WILL NOT LOSE THEIR JOBS TO DOWNSIZING, THAT GAS WILL NOT INCREASE 200% IN A YEAR, THAT THE CONSTRUCTION INDUSTRY WONT STOP DEAD IN ITS TRACKS, THAT AIRLINES WONT CLOSE DOWN, THAT YOUR RETIREMENT MONEY WILL BE THERE WHEN YOU RETIRE THAT.....
http://www.occ.treas.gov/customer.htm
This link is to the fed banking regulator for BoA. Unless the regulations have changed in the last three years a bank can not offset an amount due on a credit card account.
Call the Customer Assistance Group (CAG) of the OCC and make sure that is still the case. You can file a complaint with them if the bank has taken your funds in error.
A credit card account has been the only type of loan or account that could not be off set by a bank. I forget the regulation cite but call the OCC to make sure. If BoA has incorrectly off set your checking account and caused the NSF fees they will have to refund all of them.
I don't know banking laws, but this doesn't seem legal to me. Credit cards are, by definition, unsecured. That means they can't confiscate your assets without some sort of judgment, I would think.
lovesdub,
1. Get your lawyers name and phone number.
2. When a creditor calls, tell them you are filing bankruptcy and to contact your lawyer. Give them the name and phone number of your lawyer.
3. They can not harass you after you have told them. It's the law! If they do continue to harass you, write it down and give it to your lawyer. Get the name of the person you talked to. They have to work with your lawyer, not you.
4. Stop paying any bills (credit card, etc.) Most medical bills are not covered in bankruptcy.
