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    When the lawyers start calling

    OK, so I am about six months behind on several cards, and a few months on other cards and accounts have been sent to collections and now there are calls from attorneys (which I think are STILL collections, etc.) There seems to be more talk now of forwarding my account to their legal departments, etc.

    I am finishing up my paperwork and am probably 2 weeks away from filing. (The last thing I need to do is get the value of my store inventory which I can start doing on Sunday because the last day my shop is open is Saturday)

    Anyway, I have been giving my attorney's information to most callers now--hoping that when they see that I am filing a Chapter 7 bankruptcy, that it wouldn't be in their best interests to pursue legal action. But, I am wondering if I should expect legal action anyway? Has anyone informed their creditors that that were filing and had retained a lawyer, etc. and still received complaints and summons?

    Would these legal actions go to my attorney now--because I have provided the contact information?
    Has anyone experienced having a creditor sue after they have provided attorney information or very close to actually filing?

    I understand that my attorney will be able to deal with any judgements later, but I was hoping to avoid all that by filing very soon.

    I am filing a personal bankruptcy that is primarily for business debt. It should be a "clean" bankruptcy with few assets that aren't exempt (my attorney believes that only my store inventory--or a portion of my store inventory-- wouldn't be exempt.

    I stopped using the cards as soon as I was unable to make the minimum payment on one card. There have been no charges at all in months now.

    I guess I am just rattled by all the legal talk from the bill collectors and the credit card company agents, etc. They make it sound like I am trying to do something illegal, and that just isn't the case. Do they train these guys on how to be the most intimidating possible? Lately I have just been stating that I will be filing for bankruptcy very soon, that I have retained a lawyer and then I give them the contact information.

    Most creditors stopped calling right after I provided my lawyer's info. I was making mininum payments on the cards that I could still afford to pay up until last month (those with the smallest monthy payments), so there are still a few that have just started calling.

    It's such a nightmare. I realize that I have to take it one day at a time, and that I still have a week or two left of paperwork to do, but it does seem that the tone of the calls has changed and they are more threatening.

    Sorry to ramble. Today I completed my pre-filing counseling and worked on some of the other paperwork--so I am getting it done, it just seems like the wolves are at the door and it stresses me out.
    Last edited by lrprn; 07-17-2008, 06:24 PM. Reason: Entered line spacing to make post easier to read

    #2
    Once we gave our attorneys name and number the calls pretty much stopped. No one was rude or threatening. We did not get rude with any collector either. We were honest with them. Explained our situation. All were nice, encouraging and didn't make us feel bad for our decision.

    Although until you actually file your still able to be called, sued...., I don't know if they will bother if you have given this info. Our experience is that they do call your attorney. So once they have all done this it should ease up for you.

    We have been in the process of filing now for 5 months now. 6 months since we paid cc.
    Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

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      #3
      If you're going to file in 2 weeks, there is nothing anyone can do to you in the legal realm. If you got sued today, you'd have 20 to 30 days to respond{depending on state law}. A bk filing will stop a lawsuit in its tracks.
      Stop worrying about it. Give them your lawyers contact info and hang up. Next week, I'd not even answer the phone. Let it go to VM.

      Comment

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