What happens between now and Chapter 7 filing?

[katepierce79]

I've gone to the nolo site and passed the chapter 7 means test.

I have roughly $60K in unsecured credit card debt, and a student loan I've been paying off for the past 6 1/2 years. Up until about three months ago, I was paying everything on time. Then a few of the cards I would pay just under the 30-day window. After talking to a credit counseling service offered by my credit union, I was advised to stop paying my credit card bills, stop all my juggling, and live off my cash.

I am about 45 days into this process, (still paying my student loan off) and the creditor calls are becoming more aggressive. They call my cell phone all day, and have somehow recently discovered the identity of my unlisted landline that I'm positive I never provided them. Regardless, I haven't spoken to anyone of my intentions to file. Unfortunately I honestly can't afford to obtain counsel right now, and don't know how long it will be before this is possible. I don't know how long to go without talking to them about my situation.

After getting laid off, getting a new job and re-locating, I continued to pay my bills on time. I leveled my 401K and my Roth IRA to pay off a huge AMEX bill in early 2008. I never ever ever thought I wouldn't be able to pay, but it's all spiraled so far out of control...regardless, I'm at a loss what to do between now and when I file. Also, I'm concerned about getting a bad attorney, being taken for money, and somehow not getting my debt discharged. There are so many wretched horror stories out there...I just want to make the best out of this absolutely awful situation.

Any advice would so helpful.

[freshstartfl]

Check out the collections section if you haven't done so already. Tons of great advice in there. Check into lawyers that will allow you to pay them in installments. Once you've paid the initial retainer fee, the lawyer should tell you to tell the creditors that they can call him/her instead of you.

The answer is pretty simple, really: What will happen is they will call and bother you, and threaten you. But until you've been served with papers, or have a tow truck at your house, that's the worst it'll get.

Talk to people on here who live in your area, if there are any. If not, talk to people you know who have ever used a lawyer for anything. If your friend had a custody lawyer, for example, ask her to ask that lawyer for a BK lawyer recommendation. Referrals, IMO, are the best way to find a good lawyer.

[Bell30656]

Answer the phone, tell them you are recording the calls to insure compliance with the Fair Debt Collection Practices Act and if there is still anyone on the phone after the warning, just inform them that they have reached the right person but at this time you do not wish to speak about the debt. Don't make any promises, don't let the bottom-feeders rattle you and most importantly DO NOT SEND ANY MONEY. Some of these folks will try to get even just one dollar... which will restart the date and re-age it on the credit reports.

[roozterdvx]

I know what you mean...we actually would disconnect our phone when we were home because the calls were non-stop.

When the phone was plugged in, (only when one of us or one of the kids was out), we wouldn't pick up unless we recognized the # on caller id.

Once we paid our lawyer a retainer fee, he told us to tell creditors/collectors to contact his office and give them his #.
It actually felt good to tell them believe it or not. We actually started looking forward to answering the phone.

Just ignore the calls, (most won't leave a message or it could be harrassment), or answer them and try to explain your situation/hardship...they will keep pressuring you for a payment for a while then may start calling you with settlement offers on the accounts.

[Bell30656]

Just remember if you don't answer the calls the OC/JDB may start calling all of your references to "locate you." Or worse, your work.