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Question about informing creditors you are filing

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    Question about informing creditors you are filing

    Today is the very first day that I had the ability to inform my creditors (when they made their daily calls) that I was filing bankruptcy. Since I have retained another attorney he told me that I could inform my creditors of my intent to file and to refer them to his office. When I informed my first call of the day (Chase) that I was filing they wanted know if I was filing a 7 or a 13. I told them I wasn't sure (I am filing a 7) because I didn't know if it made a difference what I tell them. Question...if you give them a so called "heads up" about filing do they jump at the chance to quickly file suit??? I've been wondering that all day. Also, my second call (BOA) told me after I informed them of my intent to file said "thank you, that's all we need to know". What the heck. I have to say as good as it felt to tell them of my intent I was a little intimidated by the last comments from BOA. Can anyone speak up and tell me how or if telling them is a good or bad thing?
    08-2009:Quit Paying Credit Cards
    04-2010:Hired 2nd Attorney;05-2010:Filed 7
    06-2010:341 Meeting (went very well)
    08-24-2010: Discharged; 09-02-2010 Closed!!

    #2
    I wouldn't tell them anything. Once you file they will be notified, anything you tell them now is just hearsay until you actually file.

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      #3
      we filed for chapter 7 and our lawyer told us the same thing.......have your creditors call me if they have any questions. i don't think any of our creditors actually called him........they just took our word for it that we were filing. most of them were very understanding and decent about it.....they stopped calling once we told them a chapter 7 filing was pending and didn't bother us again.

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        #4
        I don't think it will make them rush to sue. If anything, it might make them reconsider. Filing suit is a waste of time & money if you are going to file. Filing BK stops all their collection efforts and would end any legal proceedings.
        Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
        (In the 'planning' stage, to file ch. 13 if/when we have to.)

        Comment


          #5
          Chase probably wanted to know if you were filing a 13 so they could notate somewhere that they would need to file a claim, that's all.

          I wouldn't be intimidated by BOA. Now that they know you are filing, that rep won't have to waste his/her time calling you and can focus on bugging other people. I think that's all they meant.
          I am not an attorney and any advice given is simply opinion based on my personal experiences. Always ask an attorney before making legal decisions.

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            #6
            I informed all my creditors that I was filing bk 3 months prior to filing. They were super nice on the phone -- most even told me to keep them in mind once my bk was over (O.M.G.), and then they stopped calling. There were a couple (GE money comes to mind) that would stop calling for a month and then start calling again, but once I told them (again) that I was filing, they stopped calling for another few weeks. No one pursued legal action against me, but I did begin getting a LOT of settlement offers, lol.
            Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
            0% payback to unsecured creditors, 56 payments down, 4 to go....

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              #7
              Once I had finally filed I finally answered a couple of calls. I had refused to answer any calls until I was fully filed...but it was very weird....news must spread quickly (Pacer?) because I only had to field 2 calls--don't remember from whom--and not another card company called, even ones unrelated. My phone fell silent for the first time in months...it was a joyous day, to be sure. The sound of silence....ahhh....

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                #8
                I answered the calls and told them we were filing, they asked for a case number and I just said I didn't have one yet. Asked for the attorney name and I gave them the number the attorney said I could distribute (not their office line). The calls stopped.

                I wondered if they could do anything to me before I actually filed and like the others said, it's a waste of their time and money. They get a tax write off for bk accounts.
                attorney consult and decided to file, 02/15/2010
                no-asset Chapter 7 filed, 03/11/2010
                341, 05/10/2010
                discharged, 07/13/2010

                Comment


                  #9
                  double post, please delete. Thanks.

                  Comment


                    #10
                    I have caller ID on my TV and don't answer their calls. The bankruptcy court will notify all creditors within a couple of weeks and a "stay" will be ordered, meaning they cannot call you any longer.

                    Comment

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