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Anyone retain lawyer more than 6 months out from filing?

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    Anyone retain lawyer more than 6 months out from filing?

    If so, did they allow you to refer creditor calls to them the entire time? More importantly, did the creditors still harass you to no end b/c you didn't yet have a case number or would they just call back every few weeks to see if you had filed yet?

    Thanks for anyone's advice/experiences.

    #2
    Creditors can still call you if you haven't actually filed yet and received a case number.

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      #3
      Our atty said we could refer to him after we retained him but hadn't paid in full yet. But as stated above, they can and will still call you until you have a case #. I never answered the phone, never spoke to anyone in 7 mos. Didn't see the point.

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        #4
        We retained our lawyer the end of August 08. Still havent filed, and probably won't now until June. I directed all creditors to her from the get go, most quit calling. A few have kept up and I just let her know and they stop.

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          #5
          We had our first meeting more than six months out with our bk attorney. She helped us set up the bk plan of what needed to be done when to minimize problems with the trustee and liquidating assets. We were not allowed to provide creditors with her name or contact info until she is paid in full. So I have fielded every single creditor call. One income tax check for 2008 just arrived Saturday. The other one should be here soon and that's our last tasks. Once those are spent we will be filing in March. WOOT WOOT!! I have answered every single phone call so that no one tried to contact my spouse at work or other family members. I am SO glad this phase is almost over.
          Ch 7 filed: 3/30
          341: 5/12
          Discharged and Closed 7/20: Now known as- Free Willy

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            #6
            Another question...

            What did you tell the credit card companies for 6 months? At some point I am assuming that you told them you had retained an attorney and would be filing BK, even though you couldn't really give the atty's phone number or name. Did this lessen the calls at all? How many calls did you field every day? I'm impressed!! I wouldn't mind answering the calls if I felt like I had something new or legitimate to tell them...

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              #7
              I'd love some sort of script that I could use. If I try and talk to them myself, I stumble over my words and get nervous. If I felt like I had a set paragraph to read, it would be SO much easier. I hate the thought of them calling my husband at work, or worse, our family members, but I don't want to pick up the phone without knowing what to say.
              27 May 09: File Ch7
              6 Jul 09: 341 Meeting, declared asset case, 341 continued
              6 Aug 09: Continued 341 meeting, came to settlement with TT
              6 Sept 09: Last Date for Creditor Objections

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                #8
                I tell the credit card companies exactly what the bk atty said to tell them "I understand what you are telling me but I am sorry I can't pay right now." Her advice then was to hang up. At first I thought that was incredibly rude so I would stay on the phone but collectors are trained to pull any information they can from you. They are also required to advise you that they are taping the calls and most don't do that either. In the last month or so my patience has grown thin (as I am sure is theirs). I contacted the bk attorney again and asked if I could start telling them that we had retained an attorney. Her advice was no unless we could file and push thru the bk paperwork in under two weeks to avoid being sued. So I am in final countdown.

                They will try every way they can to get you to say you will agree to pay them back. No matter how many times they ask the same question my answer stays the same a polite "I am sorry I can't pay you right now please put my comment in your paperwork. Thank you and have a good day". I found that some of the creditors were cheating and writing "refusing" and that's not what I was saying. So now I make it point ON TAPE of reminding them. They know their job and you need to remain cool and unflustered. Remember they win if they realize they ruffle your feathers. You control the conversation not the other way around.

                BTW my personal favorite are the yahoos who call with the automated messages asking to remain on the line until a rep can respond. I wait long enough to allow it to activate the queue and then hang up. It appears to reset the clock and provides a couple of extra days until they call again. You gotta love those folks!
                Ch 7 filed: 3/30
                341: 5/12
                Discharged and Closed 7/20: Now known as- Free Willy

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                  #9
                  I simply told them I can't help you today.
                  When they started calling every day is when I started telling them "I'll be happy to give you my lawyers contact information." That is all I would say until they would finally say OK to taking her name and number.

                  It has been relatively painless for us.

                  What cracks me up is the collection agency calls that say, I've been trying to call you, but you haven't called me back!
                  No joke, if you want to talk to me that bad, dial the phone your dang self and speak!

                  Comment


                    #10
                    We confirmed today that we are also waiting about 6 months to file. I am so nervous about getting phone calls from creditors, as we have never paid late on anything and this will be the first month to not pay our cc's.

                    I cannot stand the idea of them calling my family or neighbors...I would be mortified actually. If I continue to answer most of their calls at home do you think they would try to call my husband at work or other family members?

                    Thanks.

                    Comment


                      #11
                      whattodointx no if you take the calls they won't have a legal need to contact your husband at work or any of your relatives. We were in your position too. Never paid a bill late, never had a collection phone call before this all started. We had near perfect credit for the last thirty years. Had the same credit card company for over twenty five years. We only quit paying our cc bills on the date when the atty said stop. Until that day we had paid every bill in full we ever owed. Remember your goal when the phone starts ringing. Most reps are just doing their job. That job is to get money out of you. My job is to take the call, provide them with my little statement and hang up politely without damaging our legal position. It's not hard just repetitive. Hang in there once you get a couple of reps who belong at McDonald's filling fry bags the process gets easier. Don't ever let them intimidate or shame you.
                      Ch 7 filed: 3/30
                      341: 5/12
                      Discharged and Closed 7/20: Now known as- Free Willy

                      Comment


                        #12
                        Our attorney gave us number to have the creditors call and that was it. For the most part they stopped calling. They didn't harass us, we told them we were filing they asked for lawyer info and that was it.

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                          #13
                          We retained our attorney and ended up being 17 months from filing. Once we gave the initial retainer fee, we could give her contact info to any callers. We had her card taped to all of our handsets.

                          The calls pretty much died out after a few of these responses. We only had two CCs and four or five--two of them nasty--other dunning creditors, so we werent going to have that much trouble anyway.

                          To our knowledge, no one called any family member.

                          Good luck to you
                          "To go bravely forward is to invite a miracle."

                          "Worry is the darkroom where negatives are formed."

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