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Prior to filing BK do you tell your creditors you plan to file? Collections calls is annoying, and I don't have the money to make arrangements. What has others done?
Thanks!
Don't give your Creditors a heads up about BK. They may scurry to charge off your debt. Sell it to a Zombie Debt Collector. Or any number of other things they can do.
Best thing to do is get caller ID and/or an answering machine and use that to screen calls coming in. Answer the phone for family and friends. Let the collectors leave a message.
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
Who cares if they charge it off faster? They're going to charge it off sooner or later anyway.
The only time I could see this as being a problem is if you were trying to hold out as long as possible before filing... In this case it might make a creditor file a lawsuit against you earlier and thus give you one more hoop to go through to get the suit dismissed and/or get the judgment vacated.
If you're planning on filing soon I don't see how it could hurt you and it just might get them to stop calling so much. It did for me. I told my creditors a couple of months ago that I was going to file and the calls from them dropped to next to nothing.
Our lawyer said he figured we had about 5-6 months between telling our non-secured creditors we were filing and them going through the motions to get a judgment against us. We had four months between telling our creditors and filing - they had barely gotten us to collections, let alone to court for a judgment. (And the blessed silence with no telephone ringing day and night was lovely!)
Btw, we didn't tell our secured creditors anything about filing - they found out when they got their letters after we filed.
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
Who cares if they charge it off faster? They're going to charge it off sooner or later anyway.
The only time I could see this as being a problem is if you were trying to hold out as long as possible before filing... In this case it might make a creditor file a lawsuit against you earlier and thus give you one more hoop to go through to get the suit dismissed and/or get the judgment vacated.
If you're planning on filing soon I don't see how it could hurt you and it just might get them to stop calling so much. It did for me. I told my creditors a couple of months ago that I was going to file and the calls from them dropped to next to nothing.
Well it couls cause problems for you in the fact they could change the reported date on the items (not that that id legal to do so). So if you are not paying close attention to your file, they could try to keep those items items on there longer then they need to be.
My credit scores: Before Filing: Tr 496, Ex 496, Eq 507
Today: Tr 618 (+122), Ex 601 (+105), Eq 623 (+116)
Prior to filing BK do you tell your creditors you plan to file? Collections calls is annoying, and I don't have the money to make arrangements. What has others done?
Thanks!
My lawyer gave me a special number to give the creditors so that they could confirm that I had retained him but not yet filed.
*** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***
My posts represent hours of research on and off the web, these forums, my experience, and my opinions.
Thanks for all the advice. Tehy have been calling my business#. I am self-employed,so I can't change my#. I have decided not to try to file on my own.I am going to file as soon as I can get the appintment with the lawyer.When I had my consultation, he told me it takes about 4 or 5 hours so it might be aweek or so after I call before I can get in.Looking foward to getting this behind me.thanks again,
Gina
If you are a week from filing I would tell them to stop the calls. Once you file there is nothing they can do.
I called to get balances on all my accounts(I didin't realize I shouldn't do that). LUCKILY no one did anything but I also gave them the name and phone number of the lawyer I had retained.
Put up with it, don't talk to them, screen the calls, they aren't going to be nice , they don't give a s--- about you, they do and say anything to get you to pay, they will try to make you feel bad about yorself, they will lie and thats no way to live,l the more you pay the more they make, if you are going to file all that will stop, I have gone thru it, been stressed too, but now am discharged and case closed, no calls and am at peace in my life and all is looking good. "F" them, its time to wake up and stand up for yourself, you will not be dissapointed.
When I gave the number to two CC companies, the people were very nice. One told me that he hope things turn around for me and wished me the best.
The one that was a PITA was a collection company. They said it's only $200 so let's just start you on a payment plan anyway. I told her I obviously don't have the money and said I needed to get back to work. Not sure what she was thinking.
*** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***
My posts represent hours of research on and off the web, these forums, my experience, and my opinions.
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