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Chapter 7 Filers: How many months behind in payments were you before you filed?

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    Chapter 7 Filers: How many months behind in payments were you before you filed?

    I've stopped making payments on my unsecured debt, but I'm not quite ready to file just yet. I probably will not be able to file until the end of April. Is that too long to wait? Aside from collection calls, what else might I expect?

    Thanks in advance...
    PPP

    #2
    It's been about 9-11 months for us. We filed in Nov and just had our 341 meeting and are awaiting discharge. We got a lot of calls, you get used to them I suppose. Nobody was real rude to us and we did not answer them after a while *shrugs*. I'm not sure there is a set time for between when you quit paying and when you file as I have seen a lot of different scenarios on this forum. I've spent about 8-9 months really going over this forum and the people here are really great resource. Good luck to you!

    C
    Filed Chapter 7, No-Asset; November 10, 2012.
    341 Meeting; December 12, 2012.
    Discharged; February 13, 2013.

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      #3
      I would think that is a safe timeframe. I don't think I had any creditors start to really push me for at least 90 days, probably longer. Between then and 180 days they charged accounts off, then sold to collectors, and not until several rounds of collectors did any of mine start legal action. I would have to look back and see, but some of my accounts had not been paid in probably close to 2 years...

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        #4
        3 1/2 yrs. for me. Partial work layoff for 1 yr., back to work for 1 yr., No work for 1 1/2 yrs. I had one judgement, which happened around the first 12 mos.

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          #5
          We quit paying in Feb and filed in Aug. We got calls that was about it.

          Pam

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            #6
            Once we decided that we were going to file, we stopped paying unsecured debt last December, and filed June 2012.

            Get google voice - it really helped with phone calls.

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              #7
              Awesome!! Thanks to everyone who replied. :-)

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                #8
                I don't remember how far out from paying our CCs and when we filed.

                We retained the attorney August 2006. We had to wait to file until after July 1, 2007. because of a payout from a retirement instrument. Then we couldn't get the *** attorney to file our case until we went and camped in her office on the very last possible day to file--December 28, 2007. Otherwise we would have had to wait until after July 1, 2008.
                "To go bravely forward is to invite a miracle."

                "Worry is the darkroom where negatives are formed."

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                  #9
                  Originally posted by poorpoorpoor View Post
                  I've stopped making payments on my unsecured debt, but I'm not quite ready to file just yet. I probably will not be able to file until the end of April. Is that too long to wait? Aside from collection calls, what else might I expect?
                  That short time period is not a difficult feat. It would likely take 2 or 3 months for the creditors to even take the lack of payments seriously enough to turn it into collections. A collection agency would not be able to do much in that short amount of time. You will not get any judgments that quick.

                  As for phone calls, your phone will ring off the hook! And make sure that they don't have any up-to-date bank account information.
                  Filed Joint, No Asset, > $100,000 Unsecured Ch.7 6/7/13 ~~ 341 Meeting 7/15/13 ~~ Discharged 9/16/13 !!

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                    #10
                    My husband made it 16 months before Capital One sued him over $2000, so then he filed. The creditor calls were pretty bad, calling neighbors, relatives, his employer... Tons of collection agencies. His credit score was massacred over those 16 months as well. He is awaiting his 341 right now, and his score is in the low 500s.

                    I filed a year earlier and was discharged in April 2012. I was 3 months late on my bills when I filed. I hadn't heard much of a peep from any of them except a few annoying calls, but not even from any collection agencies. My score bottomed out in the low 600s, and now I'm at 650 eight months after discharge. I don't think waiting until April is a big deal unless you have some really pain in the butt creditors.

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                      #11
                      Two years til we were sued.
                      But we're self employed.

                      Keep On Smilin'

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                        #12
                        About 4-1/2 months from my last payment to when I signed on the dotted line and paid my BK attorney, with the filing a few weeks later.

                        This thread brings up an interesting question. I wonder if anyone has filed for BK while being totally current on payments. What a shock that must be for a creditor!

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                          #13
                          I quit paying all my debts--credit cards, medical bills, and cellphone--in March of 2009, due to loss of income. Everything went to collections, and eventually charged off around November of 2009.

                          I didn't get sued until September of this year, which is Discover Card through the law firm of Gurstel Chargo. I am still fighting the suit (going to court Monday to file an opposition to the plaintiff's motion for summary judgment) but planning to file ASAP. If for some reason, they succeed in winning a judgment, I plan to file within 7 days, so they won't get jack schitt.

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                            #14
                            Originally posted by joshuagraham View Post
                            About 4-1/2 months from my last payment to when I signed on the dotted line and paid my BK attorney, with the filing a few weeks later.

                            This thread brings up an interesting question. I wonder if anyone has filed for BK while being totally current on payments. What a shock that must be for a creditor!
                            One or two have mentioned that. It does keep your score from tanking as much. But not worth it to pay all that out deliberately for that reason, imho, especially if cash is tight (which it usually is if you are bk)

                            I don't think the creditors notice much of anything enough to be "shocked". It's a nice thought tho

                            Keep On Smilin'

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                              #15
                              Out of curiosity, when in these timelines did your creditor calls get bad and when did they try contacting family/etc (if at all)?

                              To me it's the thought of family being contacted that has me thinking of filing shortly after stopping the credit cards. Well that and being able to include the mortgage in the means test.
                              Last edited by ExplorerZ; 12-14-2012, 04:47 PM.
                              Filed Chapter 7, January 2013. 341 Meeting, March 2013.
                              Discharged as Asset Case w/ Stipulation, May 2013. Closed, May 2014.
                              South Florida foreclosure: last payment, October 2012. Lis pendens, November 2013.

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