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Creditor Notified Yesterday; Settlement Offer Today

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    Creditor Notified Yesterday; Settlement Offer Today

    On the advice of the law firm, I notified creditors yesterday (afternoon) of my intention to file. This morning, shortly after 8AM, the phone rings with a settlement offer from someone collecting for DISC The call was being recorded, and the announcement clearly stated that any information I gave them could be used to collect a debt, etc. When he came on the line with the offer, I told him I had notified DISC of my intention to file Ch. 7, and that I given them my attorneys name and phone number. I then stated that on the advice of my attorney, I was not at liberty to discuss my finances in any further detail.

    After what I have read about APs, I seriously doubt any creditor would bring one against me, but if they did, could they use my refusal to talk 'settlement' against me? It would not matter what they offered at this point, btw, as I don't have it. That's another reason for not getting into it with them. I wish they had made their settlement offer a few months ago, when it mattered.

    #2
    No, they can't use your refusal to negotiate a settlement as evidence at all.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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