Possibility of still being sued?

[jeff6898]

I paid a retainer to my attorney to file Chapter 7. I actually probably wont be fling for 2-3 months while I pay him out the fee, He has me refer all collection calls to him which is great. My question is I know I am not really protected until I actually file.
Is there a good possibility of still being sued by debt collectors even though my attorney is handling the calls and letting them know he has been retained to file chapter 7. I I do get sued guess I shouldn't worry about it since the bk will take care of it. Didn't know if they would waste their time and money to file knowing I am filing a chapter7.

[IamOld]

Hello Jeff!!! That had been my question too...my atty told me the same, except I just didn't answer any calls :-)

Honestly, if you've not paid the creditors for "only" say 3 months, I think you've got at least 3 months left at the minimum. Will they sue? Will this make them more/less likely to sue...who knows...I would guess some would put you (as a wiser head told me once) at the bottom of the pile and go after likelier "fish," and some may want to get their pound of flesh before you file. BUT at the very least you know even from the day of being served, you still have at least about a month...

So short answer - I think you're good for the next 2-3 months.

OH! Also - I'm sure your atty told you to document who calls and when - once they've been told that you have an atty and they should contact the atty, if they keep calling you that's an FDCPA violation...

[AngelinaCatHub]

Hello Jeff!!! That had been my question too...my atty told me the same, except I just didn't answer any calls :-)

Honestly, if you've not paid the creditors for "only" say 3 months, I think you've got at least 3 months left at the minimum. Will they sue? Will this make them more/less likely to sue...who knows...I would guess some would put you (as a wiser head told me once) at the bottom of the pile and go after likelier "fish," and some may want to get their pound of flesh before you file. BUT at the very least you know even from the day of being served, you still have at least about a month...

So short answer - I think you're good for the next 2-3 months.

OH! Also - I'm sure your atty told you to document who calls and when - once they've been told that you have an atty and they should contact the atty, if they keep calling you that's an FDCPA violation...

I agree, as you have time and if they know you will BK, why spend money when they will lose. Can they still? Yes they can. Will they? Again as IAO said, who knows, there are plenty of crazies in this world.

I dispute the last paragraph in that unless you TELL them and do this in writing, until you actually file, they can still call you all they wish. A deferral is just a 'kiss off' but not a legal deal. A C & D letter is legal, and the automatic stay is legal, but just telling them to talk to your lawyer is not a legal breach of anything. 'Hub

[sunshinepa]

It's unlikely you will get sued before six months of missed payments. But yes, they can sue you right up to the date of filing. Since your attorney seems to be handling the calls, he should stay on top of it and let you know if he thinks a lawsuit will be filed. Don't fret though, there's time, I filed one day before a judgement would have been put on my home......whew, really close but I made it, you will too!