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Who is the creditor?

Submitted by boutime4 on Tue, 09/18/2007 - 01:17
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I am being constantly called by Love, Beal & Nixon in regards to 4 debts that I have, three credit cards (capitol one's) and a voluntary repossession on a Lemon Ford Explorer with Ford credit. The company I worked for pulled up stakes and went over seas and with just my husbands income there was no was to meet the obligations, trying to work with the companies was a disater as they just kept adding late charges and over the limit fees each moth that they billed me. I see no other alternative now but to file chapter 7. Would Love, Beal & Nixon be who I list as the creditor or the original company? Also, I have received letters from Love, Beal & Nixon that they have filed liens against my personal property and any future purchases I make and I am worried that my home will be taken away to satisfy these debts. Will the liens be lifted if I am successful in a bankruptcy petition? Also, because I put my husband on as being able to use my cards, the debts now reflect on his credit report as well as mine. Would these be taken off his when I file? His credit is fine except for my cards on his report.


Did you get the debt validated by the law firm? Most of the times, these companies try to collect on files with disputed information and leave you with no options but to pay them. You should first make sure that the company is authorized for collections and they have your file with legit info. Go through the FDCPA laws and know more about your legal rights. Then, you can hire an attorney to represent your case.


Submitted by Bridget on Tue, 09/18/2007 - 09:45

Bridget

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I requested them to send proof which they did. If there is anyone willing to offer some advice on filing Pro Se I sure would like to talk with you. Not looking for help but general advice if needed. Also, where can the actual forms be located? I found these on okeb.uscourts.gov but I would like to get paper copies from the start. Also, can this be done in pen or does it have to be typed up? Sorry for all the dumb questions.


Submitted by on Thu, 09/20/2007 - 02:13

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I have filed chapter 7 pro se . . . . You can fill it in with pen. The only worry I would have for you is that my case was a straight chapter 7 with no assets or secured creditors. Your's would be a bit more complicated since there are assets involved and you are married.

You can go here to get the forms you need, but also check your local bk court site for any local forms.


Submitted by goudah2424 on Thu, 09/20/2007 - 12:35

goudah2424

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I was going through all of my financial papers and came across a problem. My husband and I purchased a house years ago, paid off, that sits on three lots. About 2 years ago we purchased 2 additional lots, all total less then an acre. The 2 lots are in just my name and the house is in both. Will I lose this during the BK or can I add his name to the deed to make it all one property without getting into trouble and keep it with the house?


Submitted by on Tue, 10/02/2007 - 04:02

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I wonder if you couldn't just transfer it all over to him & have his name on it only...

No questions here are dumb! You need info & should be asking these questions.

Did you apply for a free consultation through here? I'd do that as someone will contact you & be able to guide you through this.


Submitted by lawn1016 on Tue, 10/02/2007 - 04:47

lawn1016

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Have u already started with ur bk?? THe only thing that comes to mind for me is i think u can not transfer properties, monies and such for a certain amt of days prior to filing bk! Now i'm not absolutely sure of this but i will try to look it up later and let u know.
Also have u tried signing up with this site for a free consultation? This may also be an option for u.
ANg


Submitted by Ang on Tue, 10/02/2007 - 04:54

Ang

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Lawn - It is not a good idea to try and hide property during a BK. It is a felony, and they do investigate and prosecute.

During your creditors meeting they will ask you about any property you've had in your name for the last 5 or 10 years. You would have to show where that property went. They can check the records, and see that you just put it in your husbands name. Then you will be in more trouble then you are now.

I would talk to a lawyer about what your options are regarding the house. Each state has different exemptions where property is concerned, so depending on the equity in the house and your state laws, you may or may not be able to keep it. But a BK lawyer would be the best person to talk to about this. They usually will consult with you for free.


Submitted by goudah2424 on Tue, 10/02/2007 - 07:32

goudah2424

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