The creditor calls should be coming in about 2-3 weeks as that is when my wife and I will be late on our first payments. I have constantly read that we should not tell them we are filing for CH. 13. Why is that? I plan on filing in 6 months or as long as we can hold out from being sued. What is the rationale on not telling the creditors that we will be filing soon? Thanks.
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It's not so much that you shouldn't tell them, as it is that it doesn't do you much good to tell them. Filing bankruptcy has a legal effect on what your creditors can do. Planning to file does not.Originally posted by NeedOptions View PostPay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer. -
I personally don't talk to creditors because anything you say can be used against you when they "record this call for training purposes".
The real reason they record the call is for evidence in court. When the phone rings I don't pick up unless I know who is calling. When the calls first started I picked up a few and they acused my of this and that to get me emotionally involved in the conversation to get me to say what they want to hear. A common tactic I've learned. They know people will say things when they're angry.
I've read of others that disclose their BK plans to creditors and they stop calling but if memory serves, they were only a few weeks away from filing.
I'm not sure exactly when I'm going to file 13 because I'm trying to get a mortgage mod. After I findout if I will be able to keep the house I'll start on the 13. Of course if one of my creditors sues me I'll have to change my plans.
Hope this helps.Comment
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it DOES help temporarily to tell them....i have done it many times....for one thing it will sometimes stop the calls for over 30 days at a time....back in 2000 i defaulted big time...i told them all, when they called that i was "planning" or
"in the process" of filing bk....most of them said they would call back in 30 days or so to get case number..or the lawyers info...some didnt call back for even longer...and when those did call back i told them the same thing. ie..i am gathering the money, or still getting records together.. or still in the process....or something like that...the bottom line ...i defaulted on a LOT of credit at that time....only one sued and that was 3 years later....most did not call or at least not often......this time i defaulted...at the end of 2009....and chose not to answer the phone....i was getting 40 to 60 calls a day...non stop.... so YES....sometimes it does help to tell them you are filing bk......and btw....i never did file bk in 2000.......or since then.....Comment
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You're awesome.
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I started answering the calls and telling them we were filing after we met with the attorney. I knew it would only be a few weeks before the fee and paperwork were ready so I told them and the calls stopped. I've heard people saying they will hurry and sue you but that doesn't make a whole lot of sense. They'll more likely write it off and start calling someone else.attorney consult and decided to file, 02/15/2010
no-asset Chapter 7 filed, 03/11/2010
341, 05/10/2010
discharged, 07/13/2010Comment
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I'll be honest as I want stall as much as possible until they sue me. I wonder what would be the best way to stall them? I want to save up some money so I can file in 6 months or so. I'm in CA so I can exempt a good amount of cash. Should I tell them as soon as they start calling that I will be filing or should I tell them something else? Once again, my main objective is to stall them for as long as possible until I file.Comment
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IMO it would make more sense to tell them you're filing. Make it sound like it's coming next week. If they call back then just say you've got to get the paperwork together or fee or something, still lead on like it's coming next week. That's what I'd do.attorney consult and decided to file, 02/15/2010
no-asset Chapter 7 filed, 03/11/2010
341, 05/10/2010
discharged, 07/13/2010Comment
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you have to start thinking like the devious creditors that are calling you...you need to play their game...tell them first that you see no way out except filing bk and are SERIOUSLY considering it...when they call back tell them you have decided to file bk..when they call again tell them you are gathering your paperwork for atty..but the atty is on vacation for 2 weeks so you cant get in to see him....when they call back tell them you are raising the money to file ...and should have the funds within a month......when they call back tell them you have been sick h1n1 or something serious. or car accident, or a relative has been sick and you have been caring for them... then when they call back tell them you MIGHT be able to work something out but it is going to take another 30 days to try and work something out.....do you get the picture??... when i was in florida it cost them 255 bucks to file, plus process server. plus local renta lawyer...so they are going to be out close to a grand..so they want to be sure of you.... then if you DO get served their are ways to stall that also....so you should have plenty of time to get funds.....you have to remember they arent human...so you dont need to feel bad about leading them on....they have no feelings.....they will laugh all the way to the bank if they garnish you or steal your money out of your bank accts......Originally posted by NeedOptions View PostComment
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Excellent points junker. I will absolutely think like them. I like your stall tactics!!Comment
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junker ... you got gamefiled chapter 13..confirmed...converted to chapter 7...DISCHARGED!Comment
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Once I retained an attorney, my standard response to any collection call was "We are filing a chapter 7 bankruptcy. If you have any further questions on this matter you will need to contact my attorney. Would you like his name and number?" Most of the time they took his contact info and went on. If they asked any other questions about when we would file, what was our case number or anything else, I just replied "I don't have that exact information, you'll need to ask my attorney." It was almost exactly a year from the day I retained an attorney to the day we filed, only one collector even mentioned a possible lawsuit but I never heard from him again. My phone was remarkably quiet considering how far behind we were on bills.Comment
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I told Lowes/GE Money Bank yesterday that I had an appointment at 2PM today to begin the paperwork for a BK. They called 5 minutes ago.
Automated - We are calling to confirm that you called us (actually they called me, but whatever) on April 27th 2010 and informed of us an intent to file bankruptcy, if you have additional or alternate information call....blah.blah.blahComment
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Dell called Friday and I gave them all atty name & number who we've retained. Well they called again today. I was irritated that I was still getting calls, but the collector was super nice. Said the other collector did not enter the info correctly into their system. Then gave me the spill about having 30 days to actually file and if we had not filed within 30 days that the calls would start back up...then told me all I would need to do would be to re-give them the information and it would give us another 30 days!Retained atty 3/2010. Filed Chapter 13 on 1/2013.Comment
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I told beneficial finance only because I truly hate that company. That was about 2 weeks ago they haven't called back yet. But as of this Friday I will have my retainer fee!!!
. I'm still 3-4 months from actually being able to file but to be able to give them my attorney's name and number will probably not stop the calls all together but I don't think the phone will be ringing every 15-20 minutes like it is now.
It's going to be strange though it's been two months I've gotten used to my phone ringing nonstop. At least they've all been respectful they start right at 8am latest one I think I ever saw on caller ID was close to 10pm my time.Comment
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