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    Do you tell them what chapter?

    When the creditors call and I give them the attorney's info, they ask what chapter. Is it ok to go ahead and tell them which one? We are filing Ch 13. We haven't filed yet but plan to until early June.
    Ch. 13
    5 payments down, 55 to go

    #2
    I'm basically in the same situation as you and would like to know the answer. I probably wont file until 6 months from now as my late payments will start next month. I hear conflicting reports whether or not to tell the creditors anything regarding filing for bankruptcy.

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      #3
      Originally posted by NeedOptions View Post
      I'm basically in the same situation as you and would like to know the answer. I probably wont file until 6 months from now as my late payments will start next month. I hear conflicting reports whether or not to tell the creditors anything regarding filing for bankruptcy.
      Oh gosh, I know what you mean about having conflicts about telling them too early. If worry that telling them too soon will speed up wage garnishing. But on one account, the creditor was calling 2 days before it was due. And once it was due, (1 day late and I spoke with them) they called the house twice after that. (I was paralyzed in fear, didn't answer the phone) and then they called the work! So we were glad to give them the attorney info after that. It's been a week and no calls from them so far.

      But another creditor called today and was pressing which chapter. So I kept repeating "My attorney can answer that" over and over but he kept on asking. Just wondering if a 13 will make them hate me less.
      Last edited by needanswers; 04-20-2010, 05:29 PM.
      Ch. 13
      5 payments down, 55 to go

      Comment


        #4
        Tell them you are filing BK and nothing else. Anything else is NOT their business, and tell them so. If you have an attorney, refer them to him/her. That is what you are paying them for.

        The reason I say NOT to tell them the chapter, is that while you might be planning for a 13, conditions can change that force you to have to file a Ch7. You won't necessarily know that ahead of time. This happened to us. We had been planning to file a 13, and had retained an attorney. Then I lost my FT job, and that forced us into a 7.

        Good luck!
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

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          #5
          Originally posted by needanswers View Post
          When the creditors call and I give them the attorney's info, they ask what chapter. Is it ok to go ahead and tell them which one? We are filing Ch 13. We haven't filed yet but plan to until early June.
          Backing up the Mrs. (I have to, I live with her) she is correct. As our personal lawyer and good friend said "If you don't open your mouth, you won't get caught". (picture a fish in front of a hook).

          Tell them your lawyer instructed you to only give them his name, phone or address, and case number, and cannot say more. That gets you off the hook. Too many people "over talk" themselves into problems. 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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            #6
            Give them your attorney's name, phone number and your case # if you have one- then say " I am under no obligation to disclose any more information. Contact my attorney with any questions. Have a nice day- good bye". and hang up.
            All posts are opinion only- I am not an attorney.

            Comment


              #7
              Originally posted by AngelinaCatHub View Post
              "If you don't open your mouth, you won't get caught". (picture a fish in front of a hook).
              A lot of us could use the poster version of this!
              12/2009 Stopped paying CCs; 3/10 1st suit;
              8/2010 finally served; No Asset 7 filed. 11 mos since last bal xfer
              9/22/10 60 day club; 9/24/10 report of no distr; 11/23/10 DISCHARGED

              Comment


                #8
                Thank you all for your replies.
                I'm going to stick with the "My lawyer can answer that for you." statement.
                Ch. 13
                5 payments down, 55 to go

                Comment

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