Automatic Stay

[sdcouple]

At what point does this go into effect? We are doing preliminary paperwork, have not yet paid a retainer fee to the lawyer (CH 13), but we are receiving several Credit Bureau, Collection Agency type letters.... we could be up to 2 months away yet, there are some items that I want to "fall off" the 6 month look back...

Thanks for any replies.

[NoMoreCards]

Automatic stay goes into effect once you file BK. It usually takes creditors about a week (or less) to get notice of the BK filing, so they still tend to call or mail letters in that week, but it is typically just a "crossing in the mail" type of thing.

[drew999999]

First post here. Getting the paperwork ready to file in the next week or so.

You can also check your state's laws regarding ways to get your creditors to quit calling. Some states have Fair Debt Collection laws which you can use to your advantage. Iowa law (where I live) says that once you have retained a lawyer, you only inform them that you have retained an attorney, give the creditors your lawyer's name and number, and wait for them to call again. If they do continue calling, it's up to $1000 fine\occurrence for them.

I've had a couple say that if I can't provide a case number the calls will continue, but if you mention that you live in a state with a Fair Dept Collection law, they will become very nice and say that your account has been noted and that the calls will stop. I've never mentioned the word 'bankruptcy' to any creditor and I've finally been able to plug my home phone back into the wall.

Best of luck to ya!