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    Calls are starting already!

    And my first credit card is ONLY like 10 days past due!

    I told the person on the phone to speak to my lawyer. He asked me if I was filing BK, I said yes. He said oh I have to transfer you to another dept because we can't take any info until you have a case number, I said I haven't filed yet but will be in the next few weeks. He repeated his last statement and I said fine you just keep calling but I'll keep telling you the same thing and hung up!
    Filed CH 13 5/28/10
    341 Hearing 6/23/10 & 8/23/10/Confirmed 9/21/2010 36 months
    DISCHARGED 9/12/13

    #2
    And it won't stop until you have that magic number. Be patient, and good luck.
    All information contained in this post is for informational and amusement purposes only.
    Bankruptcy is a process, not an event.......

    Comment


      #3
      All of the creditors I've talked to was informed that I had attained an attorney and any questions regarding the account need to be directed to their office. Some asked for a case number and I would just tell them speak to my attorney. I've not had a call for almost a month now from any creditor. I submitted my paperwork a couple weeks ago and hope to be filling soon.

      BTW, I've kept a log on all the calls I answered. Good luck to the OP.

      Comment


        #4
        I am in the same situation now. I am barely past 7-10 days late on a few cards and they are calling all day. I havent answered a call yet but that will probably change as I don't want them to call my work.

        Comment


          #5
          I have had the phone ringing off the hook today! This morning starting at 8am, the phone rang, I answered it because I thought it might be someone calling from work seeing as how I just got home from work.
          Nope! It was a recorded message telling me that this was not a sales call but to please stay on the line and we'll be right with you! Yeah right!! Then I got put to Muzak...so then I hung up!! I'm sorry but if you can't put a REAL LIVE HUMAN on the line when you are calling me, then your call is going to go unanswered and NO I will not wait on the line! Phone rang again two more times.
          I'm only about maybe two weeks late on payments.....No case number yet. I just returned the remaining documents to my attorney and did my pre-filing credit counseling course online so that's all done. I've paid my legal fees to the lawyer(the fees he requires before filing--still owe $499 after filing) Now I just gotta wait for attorney to file.
          Filed CH 13 5/28/10
          341 Hearing 6/23/10 & 8/23/10/Confirmed 9/21/2010 36 months
          DISCHARGED 9/12/13

          Comment


            #6
            Just got off the phone with Capital One. When they asked for payment I told them I was in the process of filing BK. Gave them my attorney information and was told that if they don't receive the notice of filing within 30 days that the account will be turned over to collections. Ok...I plan to file by the end of the month.

            That call was a lot less painful than I thought it was gonna be. MANY more to go!
            Last edited by KAKRN97; 05-20-2010, 03:52 PM.
            Filed CH 13 5/28/10
            341 Hearing 6/23/10 & 8/23/10/Confirmed 9/21/2010 36 months
            DISCHARGED 9/12/13

            Comment


              #7
              Didn't think collectors were allowed to call on Sunday but today I received calls from Citibank AND HSN!! Kohls called too but DH answered that one not me. Told the first two that I'm filing BK and gave them the name and number of my attorney!
              Filed CH 13 5/28/10
              341 Hearing 6/23/10 & 8/23/10/Confirmed 9/21/2010 36 months
              DISCHARGED 9/12/13

              Comment


                #8
                Originally posted by KAKRN97 View Post
                Didn't think collectors were allowed to call on Sunday but today I received calls from Citibank AND HSN!! Kohls called too...
                Original creditors can call any time on any day and as many times as they please.

                It's only collectors (buyers of the original debt from the original creditors) who are restrained by the FDCPA (Fair Debt Collection Practices Act) rules that don't allow calling before or after certain times or on certain days.
                I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                06/01/06 - Filed Ch 13
                06/28/06 - 341 Meeting
                07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                10/05/06 - Hearing to resolve 2 trustee objections
                01/24/07 - Judge dismisses mortgage company objection
                09/27/07 - Confirmed at last!
                06/10/11 - Trustee confirms all payments made
                08/10/11 - DISCHARGED !

                10/02/11 - CASE CLOSED
                Countdown: 60 months paid, 0 months to go

                Comment


                  #9
                  So it's just after 8am here and the calls are starting again!! This am it was HSBC, holder of my Saks mastercard acct. The lady was actually very nice.
                  That's what's been surprising....the reps on the phone have not been rude at ALL!
                  Filed CH 13 5/28/10
                  341 Hearing 6/23/10 & 8/23/10/Confirmed 9/21/2010 36 months
                  DISCHARGED 9/12/13

                  Comment


                    #10
                    That is because you are early in the process. Most of these collectors know they catch more flies with honey than vinegar. Remember...anything you say can and will be used against you. Almost all of OC collectors I had spokein to were really nice (the exception is GE Money; the guy that kept calling me was a *censored* and they were the first to hire CAs to do their bidding.) They will eventually send your account to the boiler room, where many of them are not so nice...or to CAs who will promptly try to scare you into paying.

                    And yes, OCs can call any time they please within established times. I got calls on Christmas Day and Easter Sunday. Talk about a thankless job... However, in some states, the OC falls under the state laws where the FDCPA gives them more latitude. Check your state laws.
                    First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

                    Comment


                      #11
                      Originally posted by KAKRN97 View Post
                      Didn't think collectors were allowed to call on Sunday but today I received calls from Citibank AND HSN!! Kohls called too but DH answered that one not me. Told the first two that I'm filing BK and gave them the name and number of my attorney!
                      There are no laws against calling you on Sunday. The FDCPA only specifies calling between 8am and 9pm your local time, for debt collectors that are bound by the FDCPA. Anyone can call you on a Sunday or holiday unless you notify them by mail that it is inconvenient for them to call on a certain day or location.
                      “When fascism comes to America, it’ll be wrapped in a flag and carrying a cross” — Sinclair Lewis

                      Comment


                        #12
                        Originally posted by KAKRN97 View Post
                        ....The lady was actually very nice.
                        That's what's been surprising....the reps on the phone have not been rude at ALL!
                        As Flyinbroke said they are nice INITIALLY. During the first 90 days or so, you are still dealing with the "customer service" dept.....after that you will often be transferred to "collections" dept., a much less friendly place.

                        A big pitch that many will make is to offer a lower payment or reduce interest rate for awhile or put a hold on all the calls. BUT, they want to start debiting directly your bank account for whatever amounts are agreed to.

                        They are hungry to get that bank acct number. My opinion: Don;t give it to them.

                        Comment


                          #13
                          Oh I aint giving anyone my bank account number....

                          If all goes right, I'm filing Ch 7 this Friday 5/28/10..so soon enough ALL the creditors will get their notice and won't be calling me anymore. I've needed to move things along because DH went back to work(FINALLY) after being laid off for 15 months in April and if I wait any longer our combined income will be WELL over the median.
                          Filed CH 13 5/28/10
                          341 Hearing 6/23/10 & 8/23/10/Confirmed 9/21/2010 36 months
                          DISCHARGED 9/12/13

                          Comment

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