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Va Pay And Bankruptcy -- Negotiating With Creditors And Exemption

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usmc79

Question

I've fallen on hard times and am unf. considering bankruptcy. I'm trying to negotiate with my credit card companies but they're....ugh. If I do have to file for bankruptcy, can they take away any of my VA pay? All or some from my monthly deposit? Or any future retro VA pay? I'm total and permanent at 100% and require no more exams. If my VA pay is exempt, I'd like to use that as a way to negotiate better terms so I can pay my debts and not file. I don't own anything or have any savings..it's just the VA monthly pay..I'm trying to see if that puts me a better position to negotiate the terms.

Any advice or stories would be greatly appreciated. Thanks!

Semper Fi

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Britton

This is my humble suggestion on bill collectors for the "Sears" TV or other applicable bill collectors you dispute:

Caller: Is Jim Smith there?

You: (Never answer their questions, but instead ask others..the guy asking questions has control) Who is calling, please?

Caller: This is Cindy

You: CINDY, who are you with?

Caller: Im with Advanced collections.

You: Wow am I ever glad you called? You apparently are not getting that its illegel to keep calling me when I tell you not to call, ARE YOU? Do you have me on the do not call list? If you dont, will you add me right now?

The good ones will try to hoodwink you by saying, "Will you verify some information? Are you Jim Smith at 123 main street? I respond: You called me, so will you verify your information? Whats your home phone? Whats YOUR credit card number, expiration, and pin code? Whats your SSN, What form of contraception do you use, and when was the last time? Why should I give out my personal information when you wont?" Do NOT allow them to take control of the conversation by getting YOU to answer questions, instead you have control by asking the questions and you dont answer any, but ask them more.

My wife says Im the reason why telephone collection agencies have such a hard time keeping help..people can not wait to get me off the phone in just a short time..I drill them with questions and answer none. We used to play a game where we NEVER answer a question..but answer questions ONLY with a question. Try it. Its fun.

Edited by broncovet
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  • HadIt.com Elder

I'll sure try it, they ain't been calling as much but you make a good point!

Thanks bronco

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Bronco: In the 70's when I worked for a major Finance /collection agency, a Chapter 7 Bankruptcyby a cliant was referred to as "The Cure." All collection activity must be halted once notification of the actual filing taking place is received. It still is the main Financial Cure for consumers finding themselve in a debt hole that they can't climb out of. It can be of great assistance if used properly. You need to get yourself educated regarding your State's VS Federal Bankruptcy rules and regulations. You'll see and hear adds for as low as 4-$500.00 for a Chpt 7 filing but you get what you pay for. This is a very serious undertaking and I wouldn't recommend trying it on the cheap. Check out recent stats on Chapter 13 Bankruptcy, unless they've changed drastically in the past years, most 13 Plans end up failing and the debtor has to file 7 later rather than sooner. 13's cost more to begin with so be absolutely sure of what your doing.

With all that lay opinion said, get off the dime and get a couple "FREE Bankruptcy Consults" from actual Bankruptcy Attorneys. After a short visit you'll have all the cost and exemption info down. If they all agree on the same way of handling your situation, your good to go. You'll be able to make an intelligent informed decision. For probably less than $2K, you can get the fresh financial start and the weight of the world off your shoulders. Talk to the lawyers regarding your VA Comp, generally speaking it's untouchable to a great degree. You'll feel better after getting the 2-3 lawyers take on it.

Semper Fi

Gastone

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Couple wins $1M after receiving 700 calls from Bank of America

http://nypost.com/2014/12/12/couple-wins-1m-after-receiving-700-calls-from-bank-of-america/

The Coniglios sued under the Telephone Consumer Protection Act. “The borrowers, the people who own those phones, you do have a right to privacy. And when they say to stop, you have to stop,” said the Coniglios’ attorney, David Mitchell.

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Usmc

If you have to file, go chapter 7 not 13. I filed 13 5 years ago and paid it off on time and I still don't have my discharge papers. Also, since you are 100% P & T have you talked to the Social Security people about SSDI that may give you more money.

Britton

I don't what state you live in but some states have a time limit on debt collections. I know Florida is 20 years.

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