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Any reason NOT to tell creditors I am filing?

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    Any reason NOT to tell creditors I am filing?

    I have retained my attorney but he has determined that we want to wait until the 3rd week of October to file.

    I have picked up the phone to tell a couple of creditors we have retained an attorney for bankruptcy so that they would stop calling.

    However, it occurred to me today, that maybe it's in our best interest NOT to tell them. Could that be true? That telling them might just give them more time to prepare a case against us?

    So is there any advantage to telling them, or is it best not to tell them?
    <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
    FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

    #2
    Ask your attorney on this one.

    I retained my attorney two weeks ago and finished paying the other day, he filed yesterday. For the last two weeks, I just didn't answer the phone. I waited til he called me yesterday and said he filed, then I felt safe picking up phone. I havn't called anyone, just tell them when they call me. Had a couple calls last night, and a few this morning. But I'm not calling anyone personally.
    9/27/07 Chapter 7 Filed

    11/13/07 341 Meeting

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      #3
      I lold my creditors in March when I retained my lawyer, the phone calls stopped immediately and all contact they had was with him and not me. I just filed last week, FINALLY! I never had any problems by telling them early. It was funny because once I retained my lawyer I WANTED to talk to my creditors and I picked up my phone instead of letting my voicemail get it ;)
      Filed chapter 7 on 9-21-07 :yahoo:
      meeting of creditors 10-24-07 :unsure:
      Discharged on Dec. 28 :yahoo::clapping::D:yes2:

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        #4
        Any unsecured debt, I wouldn't mind telling. Credit cards and such.

        However, if I was behind on car payments and planned on keeping the car.... would not say anything because they *could* come and repo the car. (I actually had someone tell me their car was towed AFTER he told them he planned on reaffirming on it)

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          #5
          Originally posted by PaKettle View Post
          ....However, it occurred to me today, that maybe it's in our best interest NOT to tell them. Could that be true? That telling them might just give them more time to prepare a case against us?

          So is there any advantage to telling them, or is it best not to tell them?
          At this point, it doesn't matter what the creditor does because you will filing shortly. Let them call you or your attorney. If they want to rush to file suit against you, the creditor(s) are wasting their time at this point.

          A good reason to tell your creditor(s) you've retained any attorney and having them contact him/her is your attorney may inform them of when you may be filing and this may keep the creditor(s) from bothering you and/or your attorney. We had a persistant creditor nag us all of the time and our attorney handled it and told the creditor we would filed within the next 2 to 3 weeks and the calls stopped.
          Bankruptcy History:
          Chapter 7 filed - 10/12/2005 - Asset
          Discharged - 02/16/2006
          Case Closed - 11/08/2007

          A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

          All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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            #6
            I'd go ahead and refer them to your lawyer, that is the reason you retain a lawyer .

            It should at least lesson the phone calls. Given the time frame before your filing there is realistically nothing they could do before you filed. If they did seek judgment for instance on a debt, you have 30 days to respond and bk is a response .

            Telling them you've retained a lawyer, giving them lawyer's name and number, as well as expected chapter filing and district should quieten them and also avoid any judgments.
            May 31st, 2007: Petition Filed by my lawyer
            July 2nd, 2007: 341 Meeting Held
            September 4th, 2007: Discharged and Closed.

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