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When to Tell Creditors

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    When to Tell Creditors

    Is there any advantage to waiting to tell creditors I have hired an attorney? I am a good month away from filing. Could be 6 weeks away. Tell them now? Wait? I don't care about stopping the calls, since I never listen to them anyway. My preference would be to tell them, as long as that doesn't give them extra time to do anything to me in the interim. Or give them time to, say, prepare for an AP! If that's the case, i can wait.

    #2
    Originally posted by ApresMoi View Post
    I don't care about stopping the calls, since I never listen to them anyway.
    You've answered your own question. If you don't care about the calls, then there's no reason to tell the creditors you've hired a lawyer and intend to file.

    My preference would be to tell them, as long as that doesn't give them extra time to do anything to me in the interim. Or give them time to, say, prepare for an AP!
    It takes time to put a court case together, file it, get a court date, then get the judgment. Can't be done in 4-6 weeks unless the creditor is local and is very determined.

    The primary reason to tell creditors you are filing is to shift the calls to your lawyer so you don't have to mess with them and get a break from the constant ringing. If you don't care about this, then leave well enough alone and wait out the 4-6 weeks until you file.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      I never told my creditors my intentions to hire an attorney or to file. I'm assuming my attorney did as the calls stopped immediately once I filed.
      Chapter 7 filed December 11, 2009, 341 Meeting held on January 7, 2010
      Deadline to File a Complaint: March 8, 2010

      Discharged and Closed March 11, 2010

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