i'm filing for chapter 7 on 12/1, but i have creditors calling me left and right, especially when they call at work (which has been happening at least once a day for the last week now...embarrassing). have any of you deferred the calls from creditors to your attorney before you filed for chapter 7? i have paid my retainer fee ($1,600) in advance, so i don't think it would be a problem. is this the norm? thanks in advance (and nice forum, too).
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creditor calls before filing chapter 7/attorney question
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I would just refer all of the callers to the attorney. If they don't stop, just let the calls go to the answering machine.Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009
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Yes, as soon as we paid the retainer, our attorney handed us several cards with the instructions to put them next to each phone and every time a call came in we were to defer them to her office. Some creditors will demand a case number. Keep referring the to the attorney. That is one of the things you are paying for.
Good luck! And welcome to the forum."To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."
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YES! Refer them to the attorney. We retained and didn't file for 2 more months. We just constantly referred the creditors to our attorney; she said that is part of what retaining is about. We have now filed, and the calls, thank goodness, have stopped! Just tell them you are filing and give them your attorney info.Filed CH 7 10/14/09
341 11/18/09 DONE!
Discharged 1/19/10!
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Yes!! Refer them to your attorney (I'm surprised that your attorney didn't tell you that). When I 1st retained my attorney, I sent all calls his way. Because I didn't have a credit card (or savings acct) to fall back on, I had a few unexpected emergencies and it took me a YEAR to pay my attonrey in full ($4k) and file my BK petition, but my phone was pretty quiet all that time, the only time it would ring would be when the account(s) were sold/transferred/sent to another collection agency then I would just give them my attorney info again.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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Before I filed, whenever I tried to refer creditors to my attorney, the creditors (Cap1, Chase, GE Moneybank, Citibank, etc.) insisted that the calls would not stop until I could provide them with a case number. And the calls did keep coming... right up until the day I could finally call them all and give 'em my blessed case number.
So for the benefit of those who might be reading this and haven't filed yet (and for my own curiosity), what exactly is the correct wording to use to make them stop??
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Originally posted by ForTheBest View PostBefore I filed, whenever I tried to refer creditors to my attorney, the creditors (Cap1, Chase, GE Moneybank, Citibank, etc.) insisted that the calls would not stop until I could provide them with a case number. And the calls did keep coming... right up until the day I could finally call them all and give 'em my blessed case number.
So for the benefit of those who might be reading this and haven't filed yet (and for my own curiosity), what exactly is the correct wording to use to make them stop??"To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."
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calls at work
just remember, collectors can't call you at work after you have informed them not to call you at work. Keep a record of the one's you have informed, threaten to sue them if they keep calling. I know it really sucks when your co-workers keep getting the calls for you. I even had a creditor call a neighbor and leave a phone number with them so they would give to me. Now that really bites.filed 10/5/09
341 11/5/09 score 450
discharged 1/5/2010 score 550
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we retained the end of Sept. and should be filing within the month. The calls are insane, but fortunately, every one of them has my cellphone, so I just ignore them.
I could send them on to my atty,. but at this point, I am just waiting to get the ok to file, and are ignoring the calls.
The worst so far is Discover. They call 11-15 times a day. Funny thing is, I haven't paid them since September, they call to harass me to pay, but they have sent me convenience checks TWICE in the last month.
HMM, what are they trying to pull? Sucker me into taking out cash to "help pay them"?
I have a personal loan we are filing on for $33,000, and they haven't called once. But the cc I owe $1,200 calls every hour. Seems the smaller the balance, the more they bug you. (easier to collect I suppose?)Filing cpt.7 11/09 341- 1/21/10
Report of no distribution 1/21/10
Scheduled for discharge 3/22/10 (on my 15th wedding anniversary!)
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Chase, Discover, Bank of America and GE Money Bank all quit calling once we provided them with our attorneys name & number. Capital One said they would no longer call if they at least knew what chapter we were filing.Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
"One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."
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If you tell them to call the lawyer this month, will the the creditor sue me if I file in February? Basically, I'm waiting for my tax refund so I can be current before filing. Currently not paying CC for three months now and have gotten used to their calls. My main concern if the CC sue me first before filing. Thanks.File BK7: Jan 4, 2010
Reschedule 341: Mar 16 2010
Discharged: Apr 22 2010
Closed: May 6, 2010
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