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    What do you say?

    Yesterday we went to the attorney's office and paid her our first deposit. We are just a tad over or not quite at the 30 day mark on most of our cards. Only one has been longer having missed a payment May 1. I am dealing only with the original creditors.

    Anyway the lawyer said I could start giving out her number immediately to my creditors. Well we did just that beginning last evening. The first few took the information and were satisfied when I said any further inquiries concerning our financial matters needed to be addressed to the attorney. A couple even wished us luck for the future.

    Then today I've gotten a couple with attitude:

    Wells Fargo went through their spiel and when the young woman asked if I could make the payment today I said no but I do have information for them to add to the account. She asked if I was filing bankruptcy before I even noted what the information was. I responded by asking if she was ready to take the information at which time I was told "to be an adult it was a simple question" at that point I hung up and she immediately redialed and I refused to talk to her so she was supposed to get a supervisor but we were disconnected. I called back and asked for a supervisor myself and reported her behavior as well as gave the information for the attorney. Again the supervisor asked if I was filing to which I responded they could address their questions to the attorney.

    Citi card was the other who took the attorney's information then asked if it was regarding bankruptcy. My response was that the attorney could answer her questions regarding my financial affairs. She got all kinds of upset insisting that I had to tell her so that the account could be forwarded to the proper department. In turn I responded that I was advised to forward any questions concerning my financial affairs to the attorney at the number I had provided and that the forwarding of the account was an internal issue. She got all kinds of huffy and went about interrupting me. She said I could tell her anything I wanted and said well then I'm putting down you are not filing bankruptcy goodnight! and then hung up.

    What is it with these stupid banks. 1) You called me about collecting a debt and were given the number of an attorney - where do you expect it to be going. 2) In actuality it could be any number of reasons why I am not telling you why you are being given the name of an attorney especially when I'm speaking to you about my husband's account and you have been unable to reach him personally such as divorce, accident, death, criminal activity etc.

    I'm wondering what others here have to say - Once you start giving your attorney's information for contact do you generally answer them when they ask if you are filing bankruptcy?

    Personally I guess I don't want to make it that easy for them and want to make them work for it. They can go ahead and call the attorney or for heaven's sake simply do a google search on the attorney's name and see what kind of practice they have.

    #2
    I told them I was filing bk and gave my attorney info. Most tried to ask additional questions, like what chapter, have you paid your attorney in full, when are you planning on filing bk? I refer all those questions to my attorney.
    May 2008 Hired 1st Attorney/Stopped paying CCs
    May 21, 2009 Retained 2nd Attorney
    May 28th - Filed for Ch 7 (FINALLY!)
    9/11/09 - DISCHARGED!!!!

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      #3
      Well, the first time they called I open my big mouth and told them we would be filing in 1/09...we didn't as we were over our State's Median Income and I didn't want to 'deal with being over'.

      2nd time around, I told them they had the Attorney's name & phone # and yes we were filing BK, but didn't know when as I was dealing with possibly breast cancer and had skin cancer surgery scheduled.

      One of the moderators on this forum doesn't think it matters if you tell them you are filing BK, where members may say different. And again, the 2005 BK Law is not specific in many scenarios and a lot depends on your District/State.

      I, personally, think letting them know you are filing BK may stall any suits being filed in a Court of Law. My thinking, is why would a company want to spend money hiring an Attorney in my State (which is again a State Specific Laws) paying him to file & Court fees, knowing any lawsuits will be dismissed upon the filing of bankruptcy.

      I even go so far as to tell them it will be a Chapter 7 as that let's the Credit Card Co. know, they are not getting a dime from us LOL!

      Luci

      PS We will be filing 9/30/09 using Mar - Aug. Gross Income
      Last edited by LuciluS; 07-14-2009, 05:09 PM. Reason: Add'l info

      Comment


        #4
        Our attorney accepted all calls for us also. That was such a huge relief.

        I did inform the collector's we were filing C7. Gave each the attorney's number. I gave them info as soon as the calls started, probably March 2008. I think I must have been a rarity cause none got crappy with me. I think that maybe Lucilus is right, I think the reason we didn't not get sued until May of this year was we told them we intended to file and had an attorney. I asked the attorney once if they called and found out the definitely do call. I was curious about that.

        I had many offer us good luck, some even said that they understood and thought that once this was behind us we would be fine. LOL I honestly had some collectors who actually made me feel better about this decision! Like I said I may have been the oddity, but I just told them the truth, answered the calls, and they were nice.

        Just for the record, we answered the calls once we hired the attorney, Feb 2008, we did not file until June 2009. We were only sued by one cc, well their attorney (HSBC) and that took until May 2009. Just so you know, HSBC was the cc that pushed us into calling an attorney. Interest rate jumped from 14 to 31.99 because we were late by 2 days in a year period, so I wasn't surprised they were the ones to sue, that's ok, it got the ball rolling, and now we are filed!!!
        Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

        Comment


          #5
          I actually didn't wait for a few to call, I called them before they called me and gave the my attorney's contact info. I told them all it was Chapter 7. Never heard from them again.

          My question is, do the creditors really call our attorneys?
          6/30/2009 Filed Ch. 7
          10/06/2009 Discharged
          01/24/2011 Closed

          Comment


            #6
            Originally posted by hamburgervol View Post
            I actually didn't wait for a few to call, I called them before they called me and gave the my attorney's contact info. I told them all it was Chapter 7. Never heard from them again.

            My question is, do the creditors really call our attorneys?
            Yes they do...at least they called my attorney's office. The times I had to go in for appointments, while I was in the waiting area-the receptionists fielded quite a few calls from creditors. All they would tell them is what chapter, if you had filed yet or not and their address to send correspondence.
            Filed 5/29/09
            Discharged 9/14/09

            Comment


              #7
              Funny it was our HSBC cards that offered us good luck.

              I sure hope I can at least make it until September before any of them try to sue. All of our cards cept one Chase was paid up until June 1. Preferably I'd rather try to shoot for November so I can take full advantage of the six month modification we received on our mortgage.

              I'm also not sure if some the loans we took from our whole life policies would count as income but since this is money that is supposed to be repaid I'm guessing it would not which keeps us below median.

              Comment


                #8
                All of my creditors were quite polite when I told them I was filing. They wished me good luck, told me bad things happen to good people, etc.
                Filed 5/29/09
                Discharged 9/14/09

                Comment


                  #9
                  Originally posted by DebtDame View Post
                  Funny it was our HSBC cards that offered us good luck.

                  I sure hope I can at least make it until September before any of them try to sue. All of our cards cept one Chase was paid up until June 1. Preferably I'd rather try to shoot for November so I can take full advantage of the six month modification we received on our mortgage.

                  I'm also not sure if some the loans we took from our whole life policies would count as income but since this is money that is supposed to be repaid I'm guessing it would not which keeps us below median.
                  It is funny but it seems Chase was nice to us! Weird how they pick which one they will be nice to and which ones they won't.

                  My guess is you will be fine until Sept. I think giving them the attorney's name will put off any type of lawsuit. I think maybe telling them you're filing and what Chapter isn't going to hurt either. I just told them they can contact our attorney, they generally asked are we filing, I said yes, they asked the chapter, I told them 7, they took the number and name of the attorney, most wished us luck and that was that.

                  Good luck and I am sure it will be fine.
                  Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

                  Comment

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