Never, NEVER, NEVER tell a creditor that you may be filing bankruptcy, that you will be filing bankruptcy or that you are even thinking about it unless you can file within the next 30 days! The two biggest reasons people can't file immediately are (1) they don't have the money to pay the lawyer/filing fees (2) have went from a higher income and are waiting for the average to level out.
So put yourself in the creditors shoes... You are a JDB holding Johnny's debt. Johnny tells you he will be filing chapter 7 in a few months. You run, not walk to his local courthouse and sue him in small claims for the debt or limit whichever is less. Johnny probably won't answer or show up because he's filing CH7 soon... Default judgment, go loot Johnny's bank account and/or garnish his next paycheck. Or in state's like Georgia get a Writ of Fi Fa and carry off his big screen television, child's bicycle and mama's washing machine with deputy sheriffs there to supervise.
The pre-litigation department means nothing. I do have to admit the pre-bankruptcy sounds funny but the consequences could really suck. When a creditor calls, confirm you are the party they are looking for then tell them (1) you are recording the call (2) that you do not discuss financial information with people over the telephone.
So put yourself in the creditors shoes... You are a JDB holding Johnny's debt. Johnny tells you he will be filing chapter 7 in a few months. You run, not walk to his local courthouse and sue him in small claims for the debt or limit whichever is less. Johnny probably won't answer or show up because he's filing CH7 soon... Default judgment, go loot Johnny's bank account and/or garnish his next paycheck. Or in state's like Georgia get a Writ of Fi Fa and carry off his big screen television, child's bicycle and mama's washing machine with deputy sheriffs there to supervise.
The pre-litigation department means nothing. I do have to admit the pre-bankruptcy sounds funny but the consequences could really suck. When a creditor calls, confirm you are the party they are looking for then tell them (1) you are recording the call (2) that you do not discuss financial information with people over the telephone.
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