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what is the requirements for filing for bankruptcy

Submitted by on Tue, 01/08/2008 - 18:52
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Can anybody with debt file for BK. or is their special condition, I know it is more difficult now. or is it different from one State to another. I live in Michigan. Please help


reed - welcome to our site!

Please contact a bankruptcy attorney in your area - most of them offer a FREE initial consultation, which will help you determine which chapter of Bankruptcy you are eligible to file for, which is determined by a means test. The attorney will then be able to help you make a decision regarding which chapter you will file.

However - please take into account the long-term effects of bankruptcy on your lifestyle & your credit. You will have a long-standing negative mark on your credit report, which can make it difficult to obtain any credit for several years - that means for a car, a house, a loan, or anything that requires a credit report inquiry.

Please consider debt consolidation or settlement as an option. If you register for our site (which is free), and sign up for the free debt counseling, you will be contacted by a debt consultant who will discuss your options with you.

Also, if you register, you can use our PM featue, where you can contact members with a private message, rather than on the forums, and you will earn debtcc points, which can eventually be cashed in - for money. Each point is worth a penny, which may not sound like much, but it all adds up over time.

I am also in Michigan, and if you need the name of a Bankruptcy attorney, I can help you out there. Just PM me, if you'd like.


Submitted by SUEBEEHONEY70 on Wed, 01/09/2008 - 09:58

SUEBEEHONEY70

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SUEBEEHONEY70,

Thanks for your advice, That would be great if you have a name of an attorney. I am being sued by a debt collector for 9000 and they are refusing to work a payment plan eventhough the amount is not accurate and I sent them a validation letter and they never answered it, I dont have $9000.


Submitted by on Thu, 01/10/2008 - 08:46

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Have you sent them any money? You said they haven't answered your DV letter? If you got served papers for court--be sure and answer those by the date they give you. I believe you can put in your answer that the debt has never been validated.

Who is the company you are dealing with- maybe we can give you some info on them. Also, who was the original creditor, and when was the date of last payment?

Also, in some states, they have a hardship status--where you can put in your answer that this debt would cause a hardship for you--but be prepared to bring in documents showing income, etc.

If you aren't sure that this is your debt, you need to state this also.

IF you need an attorney- I believe you can go to your legal aid and they will help--someone will be along to give you more info- or tell you if I am mistaken--as I am not an attorney!! Karen


Submitted by Bossy4455 on Thu, 01/10/2008 - 08:53

Bossy4455

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reed - please register as a member (it's free) and send me a pm- I'll be glad to help you out with the name of an attorney if that's the route you want to go.

However...I would recommend posting a little more information about this debt you have and the name of the collection agency - there are some "bottom feeder" collection agencies out there that will attempt to collect on something you do not owe - and they'll inflate the amount by several hundred (or thousand) dollars and threaten jail time, etc if you don't pay. It's quite common for them also to refuse to work out a payment arrangement, but to demand payment in full and refuse to validate a debt.

Did you send your validation letter via certified mail, return receipt requested, so you have something proving the collection agency received it?

Like I mentioned, please post the name of the collection agency. I'd hate to see you destroy your credit rating by filing bankruptcy over a debt that might not even be valid!


Submitted by SUEBEEHONEY70 on Thu, 01/10/2008 - 10:00

SUEBEEHONEY70

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RAB, Hmmmmmmmm sounds like another Richard A Brennan nightmare. Not only does he put in the position to file bankrupcty, he must also try to get more of it by getting a fee collecting a debt that he Probaly scrwed up for you.


Submitted by on Thu, 01/17/2008 - 09:54

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