Finance House

I'm due in to the trustee's office at 2:30PM CST. Wonder if anyone has any advice. My attorney seems competent, and he's basically told me what to bring.

What kind of setting will it be? Will there be a judge? Do the creditors get to ask nasty questions or demand proof of various things, etc?

I just wondered. Normally I hear they're pretty harmless.

Questions:

(1) What should I do AFTER today? I know that once the judge approves the Ch13 plan, that the final steps will include notifying all creditors of the repayment plan.

At that time, should I begin to pursue free FDCPA or FCRA penalty money if the creditors don't report things to the CRA's correctly? Do they have a requirement of how to report things, to re-age, or to clear things out except for a certain verbiage?

(2) What about those knuckleheads who were included in the Ch13 plan but continue to keep calling and mailing me? I smell vacation money, no?

Thanks in advance.

Originally posted by NextLevel
I'm due in to the trustee's office at 2:30PM CST. Wonder if anyone has any advice. My attorney seems competent, and he's basically told me what to bring.

What kind of setting will it be?
In Texas, it was in an open setting room with cubes on the outside edge of the room where you and the atty would meet with the trustee rep.
Will there be a judge?
No.
Do the creditors get to ask nasty questions or demand proof of various things, etc?
They can ask, but they won't. In my experience and from the experiences of others, in 99.9% of cases NO creditors show. They write it off. Sears is one that usually shows, but it really gains them nothing. If their questions are inappropriate, you atty will stop them in their tracks.

I just wondered. Normally I hear they're pretty harmless.

Questions:

(1) What should I do AFTER today? I know that once the judge approves the Ch13 plan, that the final steps will include notifying all creditors of the repayment plan.

First, relax. All of this will take time. The creditors will not be informed of the plan. They will only be notified of what they will get paid or IF they will get paid.

At that time, should I begin to pursue free FDCPA or FCRA penalty money if the creditors don't report things to the CRA's correctly? Do they have a requirement of how to report things, to re-age, or to clear things out except for a certain verbiage?

Give them 30 days to update the bureaus. Most won't. Then read everything you can on credit repair and start with your disputes. The first dispute should be "not mine" to the CRAs. After that round you work on the next steps.

(2) What about those knuckleheads who were included in the Ch13 plan but continue to keep calling and mailing me? I smell vacation money, no?

If they are still calling and mailing, notify your attorney. He can get that stopped. That is part of what you paid him for!

If you sue for continued collection activity, you would be better off waiting until discharge. In the interim, you can sue them instead for misrepresenting the status of a debt. Until your debt is discharged, it is still a valid debt, just one they can't collect on.

Thanks in advance.