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    #16
    Originally posted by ace13 View Post
    You guys are lucky that your attorney permits you giving his telephone number to creditors. He hasn't given me permission to do so...yet. Basically he told me to answer their calls if I want to....especially those calling my work and tell them I'm filing for chap 7. He said it [I]may[I] stop them for a little while. So far I've just ignored them.

    In the beginning the calls were many now it seems they come in waves. I sure hope no creditor sues til at least December or January so some charges age a bit

    thanks to all for sharing
    If you're being represented by an attorney regarding these debts you should refer them to him.
    Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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      #17
      Originally posted by OhioFiler View Post
      If you're being represented by an attorney regarding these debts you should refer them to him.
      I have paid his retainer in full and the cost to file for a total of 1800 dollars. Not sure why he hasn't advised me/given permission to send the calls his way. So far I think he is a really good attorney that solely does BK law and his responses have been fast and helpful...
      Stopped paying CC: September 2009 ; Retained attorney: 9/9/2009; Filed Chap 7: January 18, 2010; 341 Meeting: March 9, 2010; Discharged and Closed: April 29, 2010

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        #18
        I would just give the attorney's number to anyone who calls. If oyu answer at all.

        Why even answer the phone?

        Most of the calls are automated anyway, and nothing good can come of any conversation even if it is a real person.

        Use the Caller ID and ignore the ringing phone. After a while it is second nature and you won't even notice.

        Always remember: On the other end of the phone is some poor sap who couldn't find any other job and has to pay THEIR bills. They may talk tough, sound mean, or be initmidating, but YOU are in the control tower, not them. They only have the power you give to them.
        11-20-09-- Filed Chapter 7
        12-23-09-- 341 Meeting-Early Christmas Gift?
        3-9-10--Discharged

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          #19
          If your creditors call just tell them you've retained an attorney for BK and here's his name and phone number, don't call me again. Wonder if they actually call the attorney at that point.

          I was sued by Capitol one after one year of not paying.

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            #20
            Originally posted by pookieny View Post
            If your creditors call just tell them you've retained an attorney for BK and here's his name and phone number, don't call me again. Wonder if they actually call the attorney at that point.

            I was sued by Capitol one after one year of not paying.
            They do call the attorney.
            Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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              #21
              Originally posted by ace13 View Post
              Thanks all...

              As some of you may have read in other posts of mine I am really concerned about the CU more than any other creditor. The 9k for the furnace with only 2 payments made concerns me but I guess we all have to pay for our mistakes in life.

              Again thanks for the advice
              ace13, don't worry too much about the furnace. Even if the CU shows up at the 341 regarding that, they are going to have a difficult time proving intent or proving that a furnace in the Northeast is a luxury.

              As to when lawsuits start, my earliest lawsuit was six months after I stopped paying. The credit card company (it was a crate and barrel card) sold it to a JDB who sued me immediately upon buying the debt.

              But many cards that had much higher balances, never ended up suing me. I think if you are filing soon, you will not end up with any lawsuits, and even if you do, the bankruptcy will take care of the judgments.
              You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

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                #22
                Originally posted by backtoschool View Post
                ace13, don't worry too much about the furnace. Even if the CU shows up at the 341 regarding that, they are going to have a difficult time proving intent or proving that a furnace in the Northeast is a luxury.

                As to when lawsuits start, my earliest lawsuit was six months after I stopped paying. The credit card company (it was a crate and barrel card) sold it to a JDB who sued me immediately upon buying the debt.

                But many cards that had much higher balances, never ended up suing me. I think if you are filing soon, you will not end up with any lawsuits, and even if you do, the bankruptcy will take care of the judgments.
                Thanks backtoschool and all others for sharing your experiences. I'm gald I found this forum and to hear from those that have been there done that. . You guys and gals are the best. As I'm typing this 3 separate calls to my cell from creditors...none of which I answered
                Stopped paying CC: September 2009 ; Retained attorney: 9/9/2009; Filed Chap 7: January 18, 2010; 341 Meeting: March 9, 2010; Discharged and Closed: April 29, 2010

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                  #23
                  We stopped paying on all 5 of our credit cards in Feb 2009. It seemed like the calls go really bad after about 90-120 days late. I was getting as many as 10-15 per day. I just kept telling them that I don't handle financial matters over the phone and hang up. I sent them a letter to get them to stop calling. Shortly after that, one of my cards went into collection. They sent me letters and threatened to take me to court--it still hasn't happened.
                  Now, I think my other cards are going to another collections account.

                  Last week, I gave my attorneys number (totally nothing to do with BK, but rather unlawful debt collection actions), and the first thing they asked was "is this going to be a bankruptcy." For the first time, I actually TALKED to them and said that it most likely was going to be. We haven't received another call.
                  I hope that doesn't mean they are trying to sue us quickly!

                  We still have to go through all our paperwork to determine if we qualify for bankruptcy. It seems so very overwhelming. I'm also very worried about doing this. I feel like the trustee is the BIG BAD WOLF and I'm going to get into trouble for not paying my bills.

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                    #24
                    That's how I felt about he trustee but after reading somuch from others on here as long as you are prepared for your 341 you should be fine. Hire yourself a good BK attorney to start

                    That process took me a bit to decide,after all it's my future not the attorneys
                    Luckily I found someone I can trust...so far

                    good luck to you
                    Stopped paying CC: September 2009 ; Retained attorney: 9/9/2009; Filed Chap 7: January 18, 2010; 341 Meeting: March 9, 2010; Discharged and Closed: April 29, 2010

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                      #25
                      We have not decided on an attorney yet. We have one that is about 1/2 hr away and he is also a trustee. I would think he's going to have a pretty good idea what we can do, but I'm also nervous to share everything with an attorney. I have some things that we did that I question, simply because I've been reading up on everything and I get nervous.

                      The REAL question here...is how do you KNOW you have a GOOD attorney??? ha! They all want to make money...

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                        #26
                        Originally posted by LostNFound View Post
                        We stopped paying on all 5 of our credit cards in Feb 2009. It seemed like the calls go really bad after about 90-120 days late. I was getting as many as 10-15 per day. I just kept telling them that I don't handle financial matters over the phone and hang up. I sent them a letter to get them to stop calling. Shortly after that, one of my cards went into collection. They sent me letters and threatened to take me to court--it still hasn't happened.
                        Now, I think my other cards are going to another collections account.

                        Last week, I gave my attorneys number (totally nothing to do with BK, but rather unlawful debt collection actions), and the first thing they asked was "is this going to be a bankruptcy." For the first time, I actually TALKED to them and said that it most likely was going to be. We haven't received another call.
                        I hope that doesn't mean they are trying to sue us quickly!


                        We still have to go through all our paperwork to determine if we qualify for bankruptcy. It seems so very overwhelming. I'm also very worried about doing this. I feel like the trustee is the BIG BAD WOLF and I'm going to get into trouble for not paying my bills.
                        Most of the time these collectors will follow up in 30 days or so and ask if you're still planning to file BK. They really stop bothering you when they realize there isn't anything in it for them.
                        Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                        Comment


                          #27
                          Originally posted by LostNFound View Post
                          We have not decided on an attorney yet. We have one that is about 1/2 hr away and he is also a trustee. I would think he's going to have a pretty good idea what we can do, but I'm also nervous to share everything with an attorney. I have some things that we did that I question, simply because I've been reading up on everything and I get nervous.

                          The REAL question here...is how do you KNOW you have a GOOD attorney??? ha! They all want to make money...
                          You have to question him/her like a witness under oath...haha. Trust your gut and if you are honest with your attorney you should be fine. Including being honest about any questionable charges. If the attorney is experienced enough I'm sure they have seen it before and handled it well. It's my experience in working in the legal system over the years (not BK) that attorneys don't like being lied to by their clients (snowballed, blindsided). Just my two cents
                          Stopped paying CC: September 2009 ; Retained attorney: 9/9/2009; Filed Chap 7: January 18, 2010; 341 Meeting: March 9, 2010; Discharged and Closed: April 29, 2010

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                            #28
                            Stopped paying in May '09, and just received summons today from Chase for 8400. Damn. Have a total of 7 accounts, 2 with Discover, 2 with Citibank and 2 with Chase, and 1 with Capital one. Was hoping to wait to file, but looks like we will now.

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                              #29
                              Originally posted by midnight View Post
                              Stopped paying in May '09, and just received summons today from Chase for 8400. Damn. Have a total of 7 accounts, 2 with Discover, 2 with Citibank and 2 with Chase, and 1 with Capital one. Was hoping to wait to file, but looks like we will now.
                              A similar situation happened to me with BoA. I had to file BK immediately I also had two Chase cc's but they never sent letters or lawsuits. It depends on the creditor and its' subsequent CAs how aggressive they are with the past due debt. Filing for BK will take care of your summons. Good luck
                              Chapter 13 filer since Feb. 2018 under a 60 months payment plan
                              Please think positive and do not give up!

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                                #30
                                How much time do you have after getting a letter like that from your creditors, to file Bankruptcy? I keep thinking we should just hold out as long as we can....because I'm worried about losing our tax return (which is usually about $5-6K). Then again, I suppose they will wonder where I spent the money? I'm going to need a car--mine is a leased auto. So, I'm hoping to have a little bit of money to purchase a good used car.

                                I have also noticed that BofA is a little harder to deal with. I have 4 other cards that are CHASE and they are just starting to get aggressive now. To the point that they've called my family and involved them. Great!

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