Should I tell my creditors I am filing BK?

[jonnyboy]

I got my attorney on a retainer a week ago and finished filling out all of my forms and have a review on the 27th. My phone just started ringing with creditors; who duh, Im not going to pay I am filing bankruptcy. Should I not answer or should I tell them I am filing? Isn't it better to kinda, spring it on them? I mean it's not my job now to tell them I have an attorney I suppose I just redirect them to his office? Maybe Ill just be nice and send them an email so I can say I did tell them?

[LuciluS]

We retained our Attorney late last Sept. and thought we would be filing in Dec. 08 or Jan. 09. He told us we could refer all phone calls to him. So I answered the phone and told them the Attorney's name, phone #, filing a 7 and such (a big no, no on date).

Phone started ringing again in March. By this time, I had possible Breast Cancer (ok now, I hope) and was scheduled for Skin Cancer Surgery and told them that. All were very nice.

Due to not wanting to be Over or State's Median Income (our preference) we need to wait until 9/09 to file using Mar-Aug. income. Our attorney recommended that we not answer the phone if we did not know who was calling. So we didn't...until one day I got a call from a cell phone with an area code the same as Dh's uncle. It was NCO, the card (forgot which one) was in my name only, and the lady was well let's just say not so nice. I kept trying to give her our Attorney's name & I could't get in one single word. She made me mad and I finally told her to shut up. Told her she couldn't get a dime from me because I receive only Social Security Disability, gave her our Attorney's name and phone # and hung up.

We voluntarily surrendered a Motohome last Nov. It was sold at an auction in December and we received a letter of the deficiency $14k and some change. This loan company had never called. So when the lady left a message for me to call, I do so the next day. I gave her our Attorney's name & phone # & also told her she was the only creditor I was calling. She wanted to know why & I told her about the call from NCO. She said that's awful & with the economy like it is, there a millions of people in financial trouble. She wished hubby and I good luck on our Bankruptcy.

Soo, with that said, I think it is up to you if you want to answer the phone. I certainly wouldn't call them, though. A lot depends on when your filing. If it is soon, and you can 'handle' the calls, then answer them. I would only give your attorney's info (if he/she has given you permission to do so) and nothing else. If they ask if you are filing BK, my suggestion would be my Attorney told me to refer all questions to him....Have a Good Day and hang up.

Just my thoughts.

[kenshirley]

If you are indeed filing, and know you can within the next month or so it would be no big deal if you told them or not.
In our case to qualify for the chapter 7 we had to wait almost 5 months from when we wanted to file.
Unless you know qualify for what you want to do in the way of a BK right away I would not tell them right now.

[lrprn]

I got my attorney on a retainer a week ago and finished filling out all of my forms and have a review on the 27th. My phone just started ringing with creditors; who duh, Im not going to pay I am filing bankruptcy. Should I not answer or should I tell them I am filing?

Since you plan to file in the next two weeks, it won't matter. Put a message on your phone that identifies you so the creditors won't call family, and then delete their messages at the end of the day.

Isn't it better to kinda, spring it on them?

Trust me when I tell you that creditors and collectors hear every day "I'm going to file bankruptcy." Until they get a case number, they will continue to call.

I mean it's not my job now to tell them I have an attorney I suppose I just redirect them to his office?

If your attorney said to send them on to him/her, it's fine to do that. Just do that and nothing else.

Getting into lengthy conversations with lenders and collectors can open you up for potential issues later about whether you knew you weren't going to pay the creditor back when you made charges, took out the loan, etc. Why risk that?

Maybe Ill just be nice and send them an email so I can say I did tell them?

It's admirable that you want to be nice to your creditors. However, this is not a contest for Mr. or Ms. Debt Congeniality

You have absolutely no obligation to tell your creditors or collectors who contact you anything. (Although you may want to confirm you are who they are trying to reach so they won't move on to family members or your work). Do creditors ever give anyone advance notice when they are going to raise set APRs through the roof for no reason? Do creditors ever tell anyone in advance they plan to hold onto on-time payments on purpose to create a late fee? Why should you be 'nice' when they are not?

Credit is a cold, hard, emotionless business. You won't get any kudos for being nice to your creditors before you file. Believe me, they sure won't be giving you a break before you file, ever.

[AngelinaCatHub]

We voluntarily surrendered a Motohome last Nov. It was sold at an auction in December and we received a letter of the deficiency $14k and some change. This loan company had never called. So when the lady left a message for me to call, I do so the next day. I gave her our Attorney's name & phone # & also told her she was the only creditor I was calling. She wanted to know why & I told her about the call from NCO. She said that's awful & with the economy like it is, there a millions of people in financial trouble. She wished hubby and I good luck on our Bankruptcy.

You sound an awful lot like us. Believe it or not, we went for C13 (in ignorance) and waited two years of our lawyer's procrastination, until our jobs were lost (due to my enemy) and on the last business day of 2007 and in a shouting match with our lawyer, she filed. (I have a Trust retirement due on the first of January, that would have put us out of the C7 for another six months. )

She told us to just refer them to her and we did. We had no real problems for all that time. I don't know why, we were just so ignorant then.

'Hub

[LuciluS]

You sound an awful lot like us. Believe it or not, we went for C13 (in ignorance) and waited two years of our lawyer's procrastination, until our jobs were lost (due to my enemy) and on the last business day of 2007 and in a shouting match with our lawyer, she filed. (I have a Trust retirement due on the first of January, that would have put us out of the C7 for another six months. )

She told us to just refer them to her and we did. We had no real problems for all that time. I don't know why, we were just so ignorant then.

'Hub

O My Goodness..2 years! I'm trying to keep my Sanity for just Year. I'm glad, now, that we didn't file because of Hubby's Severe Illness in April where he was in the hospital for a week and off work most of the month, the Medical Bills are piling up.I had a breast biopsy in Feb. O Crap, that's another $250. My skin cancer surgery in March was paid in full by Medicare. I have no clue how Medicare determines what you owe.

Dh said about an hour earlier, just pay the ones that are less than $50 this month before we file. Hmmm, they total almost $200. We will for sure, have to include the $1,695.12 hospital bill. But no bills from the 'Specialist' or the ambulance ride and this was early April! The term Specialist is used as your regular primary care doctor does not treat you while in this hospital. Now, the Specialist can call in a Specific doctor, if need be & he did call in a Nephrologist. Her bill is over $150. Will have to list it in the BK, but will get it paid before hubby's next visit. Cannot afford for her to decline to see Dh as he only has one kidney.

I've learned so much from this Forum, I'm confident our Chapter 7 will go very smooth. Wonderful Forum!

Hugs,

Luci

[AngelinaCat]

I should clarify what 'Hub actually meant: When we retained said attorney in August 2006, she told us THEN to refer all calls to her office. This we did.

Forutnately we did not have the multitude of debts that many on the Board have. We had mostly IRS, medical bills, cc debts, a foolish co-signed loan, and other legal stuff. Whenever we got calls regarding any of these, we reffered these to the attorney, as per her instructions.

It amazed us that while she and her office staff were very negelgent in communicating with us or returning emails/phone calls we made, apparently her office did well in deflecting calls away from us.

So I don't know what to say.

My Best~~~

[jonnyboy]

Thanks you guys you where very helpful; I think this forum is going to help me get through this bankruptcy a little more informed...and with a little more humor lol. Good luck everyone Ill be following all throughout and letting you know how everything goes.

[Pizza]

I got my attorney on a retainer a week ago and finished filling out all of my forms and have a review on the 27th. My phone just started ringing with creditors; who duh, Im not going to pay I am filing bankruptcy. Should I not answer or should I tell them I am filing? Isn't it better to kinda, spring it on them? I mean it's not my job now to tell them I have an attorney I suppose I just redirect them to his office? Maybe Ill just be nice and send them an email so I can say I did tell them?

If filing is a certainty, yes, forward the collectors to your attorney. If it's still 'up in the air', I probably wouldn't threaten them. I would just change my number or not answer the phone, whatever makes you happy, and when they send letters, respond with the simplest "I can't pay right now" form letter.