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    What lines or speech do you give to creditors?

    Okay guys I'm filing in March per my lawyer and I was advised to continue making payments to all my creditors and a few of them would just receive like $100 bucks or whatever I could send. Can you let me know what lines you use when the creditors call and ask how come you can't make the payment in full? My attorney said not to answer but I would rather answer the calls and tell them something so it looks like I'm not avoiding them. Once March comes then I know I can send over them my attorney's info.

    thanks....

    #2
    I would get on a line away from the lawyer that told me to keep paying unsecured debt or any debt for secured assets you don't want to keep or send parasail payments to creditors.
    Why would you pay debt you intend to have discharged in 4 months?
    There must be something missing here.
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

    Comment


      #3
      Originally posted by texanboy76 View Post
      Okay guys I'm filing in March per my lawyer and I was advised to continue making payments to all my creditors and a few of them would just receive like $100 bucks or whatever I could send. Can you let me know what lines you use when the creditors call and ask how come you can't make the payment in full? My attorney said not to answer but I would rather answer the calls and tell them something so it looks like I'm not avoiding them. Once March comes then I know I can send over them my attorney's info.

      thanks....
      Your attorney told you to keep paying them? I am filing in March also and my attorney told me whatever I do, do not pay anyone I plan on listing in the bk. I am confused now...lol

      I even brought up what it would look like for 4-5 months of payments past due but he said the money we were paying (4000) a month is not worth a tiny better credit score.

      Comment


        #4
        Originally posted by TEW View Post
        I would get on a line away from the lawyer that told me to keep paying unsecured debt or any debt for secured assets you don't want to keep or send parasail payments to creditors.
        Why would you pay debt you intend to have discharged in 4 months?
        There must be something missing here.
        it was due to some of the charges on the cards and to where it wouldn't look like it was fraud....

        Comment


          #5
          Originally posted by texanboy76 View Post
          it was due to some of the charges on the cards and to where it wouldn't look like it was fraud....
          Oh, I see..that makes sense.

          Comment


            #6
            We went for more than a year making payments to only those creditors with collateral. The others got nothing.

            The phone calls weren't too dificult to handle but it isn't for everyone. For example, my Wife found it too easy to give out unnecessary information and fall prey to the pushy tactics the collectors used. I found it to be challenging and actually had fun at times trying to find polite ways to tell them they'll get nothing and they'll learn to like it.

            The bottom line is that you don't intend to pay them anything EVER and the reality is that you can't ever say so.

            The trick is to tell them nothing that they don't already know. You also must never lie or make a promise you don't intend to keep. Remember, there's a danger that anything you say could be used against you at some point in the future.

            You need to learn to say things like "I don't have any funds available at this time" which will almost certanly lead to the question "when will you have money available?" You should never GUESS for the collectors benefit or try to predict the future. The only reasonable answer is "I will be happy to call you when the situation changes."

            Another thing I tried doing is to NEVER say "yes" to anything for fear of them recording me and making it seem like I agreed to something I hadn't. The trick to this is answering questions in full sentances. For example, the question "Is this Mr. Keebler?" should be answered "This IS Mr. Keebler. How can I help you?"

            My favorite thing to do was to take charge of the conversation by collecting information from them and making them realize that my cooperation was contingent on getting complete answers. For your petition you'll need names, addresses and phone numbers of all your creditors plus all the collection agencies too. I used to take the calls at my computer and collect complete notes on each call I received.

            Toward the end I had my state's Attorney General website bookmarked so I could check to see if each collector was properly registered with the state. If you can imagine the atmosphere at the Department of Motor Vehicles, then you you can imagine the treatment the callers would get from me. I'd usually refuse to cooperate with them or answer the questions and I'd tell them I have all the contact information and I'll be in touch when I'm able to resolve the situation. Thank you and have a nice day -- click.
            Discharged November 2008 100 days after filing no-asset Chapter 7. We intended to let a two-year-old vehicle go back to the bank and reaffirm an inexpensive ten-year-old SUV and our home mortgage. In the end we surrendered ALL of our vehicles and reaffirmed NOTHING. We'll "ride through" our mortgage after the court ruled it an undue hardship.

            Comment


              #7
              Originally posted by Keebler View Post
              We went for more than a year making payments to only those creditors with collateral. The others got nothing.

              The phone calls weren't too dificult to handle but it isn't for everyone. For example, my Wife found it too easy to give out unnecessary information and fall prey to the pushy tactics the collectors used. I found it to be challenging and actually had fun at times trying to find polite ways to tell them they'll get nothing and they'll learn to like it.

              The bottom line is that you don't intend to pay them anything EVER and the reality is that you can't ever say so.

              The trick is to tell them nothing that they don't already know. You also must never lie or make a promise you don't intend to keep. Remember, there's a danger that anything you say could be used against you at some point in the future.

              You need to learn to say things like "I don't have any funds available at this time" which will almost certanly lead to the question "when will you have money available?" You should never GUESS for the collectors benefit or try to predict the future. The only reasonable answer is "I will be happy to call you when the situation changes."

              Another thing I tried doing is to NEVER say "yes" to anything for fear of them recording me and making it seem like I agreed to something I hadn't. The trick to this is answering questions in full sentances. For example, the question "Is this Mr. Keebler?" should be answered "This IS Mr. Keebler. How can I help you?"

              My favorite thing to do was to take charge of the conversation by collecting information from them and making them realize that my cooperation was contingent on getting complete answers. For your petition you'll need names, addresses and phone numbers of all your creditors plus all the collection agencies too. I used to take the calls at my computer and collect complete notes on each call I received.

              Toward the end I had my state's Attorney General website bookmarked so I could check to see if each collector was properly registered with the state. If you can imagine the atmosphere at the Department of Motor Vehicles, then you you can imagine the treatment the callers would get from me. I'd usually refuse to cooperate with them or answer the questions and I'd tell them I have all the contact information and I'll be in touch when I'm able to resolve the situation. Thank you and have a nice day -- click.

              Why didn't you just tell them you were filing bk? Isn't that what your supposed to do?

              Comment


                #8
                Originally posted by okiemom2008 View Post
                Why didn't you just tell them you were filing bk? Isn't that what your supposed to do?
                I didn't tell them I was filing for Bankruptcy even after I retained my attorney and had signed the petition!

                Why?

                The only thing that protects you is filing Bankruptcy. Telling them its imminent does absolutely NOTHING to protect you. None of the collection efforts wil necessarily stop and nothing changes.

                Telling telling them could have helped speed my account in to litigation or even cause them to sell it to a less desirable debt buyer. It could have given them time to investigate my previous account activity or any number of things. Plus, I wasn't sure exactly how quickly I was going to be able to pay my attorney or anything.

                If I made a list of pros and cons for telling the collection agencencies that bankruptcy was imminent, absolutely nothing good was going to happen by telling them and several bad things might have happened.

                I decided they should find out directly from the court and only after it was official. For this reason I made darned sure I had the name, address and internal account number for each and every agency that ever called me. Then I double checked the mailing matrix for my case to be sure exactly nobody was left out.
                Discharged November 2008 100 days after filing no-asset Chapter 7. We intended to let a two-year-old vehicle go back to the bank and reaffirm an inexpensive ten-year-old SUV and our home mortgage. In the end we surrendered ALL of our vehicles and reaffirmed NOTHING. We'll "ride through" our mortgage after the court ruled it an undue hardship.

                Comment


                  #9
                  Come up with a written script that you feel comfortable with. Have it available to you where you most likely be caught answering the phone. Like Keebler said. Don't provide too much information. The link below has my script(except I told them I am filing) along with methods people have been using to screen their calls.

                  Comment


                    #10
                    Originally posted by Keebler View Post
                    I didn't tell them I was filing for Bankruptcy even after I retained my attorney and had signed the petition!

                    Why?

                    The only thing that protects you is filing Bankruptcy. Telling them its imminent does absolutely NOTHING to protect you. None of the collection efforts wil necessarily stop and nothing changes.

                    Telling telling them could have helped speed my account in to litigation or even cause them to sell it to a less desirable debt buyer. It could have given them time to investigate my previous account activity or any number of things. Plus, I wasn't sure exactly how quickly I was going to be able to pay my attorney or anything.

                    If I made a list of pros and cons for telling the collection agencencies that bankruptcy was imminent, absolutely nothing good was going to happen by telling them and several bad things might have happened.

                    I decided they should find out directly from the court and only after it was official. For this reason I made darned sure I had the name, address and internal account number for each and every agency that ever called me. Then I double checked the mailing matrix for my case to be sure exactly nobody was left out.
                    Oh, I see..thanks! I was just thinking I was supposed to tell them that when they start calling but now I know better...Thanks for the advice!

                    Comment


                      #11
                      It took my lawyer about 15 months to get off her a$$. I never pushed her until the 15th month. I prepaid her and figured my importance went to the back of the line.

                      Anyway, even not filed, to simply give the caller her name and phone number, even though I did not have a docket number for months later, it stopped almost everyone.

                      It worked for me, just tell them you intend to bk and to call your bk lawyer and phone number. 'Hub
                      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                      Comment


                        #12
                        Depending on the mood that I'm in is how I respond...

                        Sometimes I tell them I have a new accountant. Her name is Helen Waite. If I owe them money they can go to Helen Waite for it.

                        My favorite is when a collector for the insurance company that was on my second mortgage calls up and tells me that I owe their client $38,152. Will I be putting that on my Master Card or Visa today...

                        When a collection agent calls up, I quiz them thoroughly. What is the full name of the company? What state are you incorporated in? Are you a debt collector in accord with the FDCPA? What is your address for service? Then I make the statement that gets me a dial tone... "Even though Georgia law does not require me to disclose this, I am informing you that this call is being recorded to insure compliance with the Fair Debt Collections Practices Act."

                        I've got one that loves to call claiming to be from a law firms pre-litigation department. He will skirt around the are you a debt collector question better than Bill Clinton discussing adultery. Then he proceeds to tell me that I don't have his permission to record the call and that I can't record the call, etc., etc. He gets real mad when I tell him to put the attorney on the phone or ask the attorney's bar number.

                        Comment


                          #13
                          Originally posted by Keebler View Post
                          We went for more than a year making payments to only those creditors with collateral. The others got nothing.

                          The phone calls weren't too dificult to handle but it isn't for everyone. For example, my Wife found it too easy to give out unnecessary information and fall prey to the pushy tactics the collectors used. I found it to be challenging and actually had fun at times trying to find polite ways to tell them they'll get nothing and they'll learn to like it.

                          The bottom line is that you don't intend to pay them anything EVER and the reality is that you can't ever say so.

                          The trick is to tell them nothing that they don't already know. You also must never lie or make a promise you don't intend to keep. Remember, there's a danger that anything you say could be used against you at some point in the future.

                          You need to learn to say things like "I don't have any funds available at this time" which will almost certanly lead to the question "when will you have money available?" You should never GUESS for the collectors benefit or try to predict the future. The only reasonable answer is "I will be happy to call you when the situation changes."

                          Another thing I tried doing is to NEVER say "yes" to anything for fear of them recording me and making it seem like I agreed to something I hadn't. The trick to this is answering questions in full sentances. For example, the question "Is this Mr. Keebler?" should be answered "This IS Mr. Keebler. How can I help you?"

                          My favorite thing to do was to take charge of the conversation by collecting information from them and making them realize that my cooperation was contingent on getting complete answers. For your petition you'll need names, addresses and phone numbers of all your creditors plus all the collection agencies too. I used to take the calls at my computer and collect complete notes on each call I received.

                          Toward the end I had my state's Attorney General website bookmarked so I could check to see if each collector was properly registered with the state. If you can imagine the atmosphere at the Department of Motor Vehicles, then you you can imagine the treatment the callers would get from me. I'd usually refuse to cooperate with them or answer the questions and I'd tell them I have all the contact information and I'll be in touch when I'm able to resolve the situation. Thank you and have a nice day -- click.

                          okay so I've got a creditor calling. Should I return their phone call and give them the lines "I don't have anything at this time and will call you when my situation changes" I'm filing in March so that is why I ask is it better to call them backor not answer the phone. My thoughts are if you dont avoid the call you are better off than completely ignoring them

                          Comment


                            #14
                            Our attorney told us to not make a payment to anyone we are listing in the bankruptcy. She also advised us to have them contact her office directly. As we talk to creditors now that the calls are coming that is what we tell them. We also tell them that they must not call again and if they do the attorney will contact them.

                            Comment

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