Need to Prepare - Not Filing until January

[1969classic]

I made the decision to file for BK 7 last month. Once I chose my attorney, I was advised by him to wait until January to file because I received a one time retention bonus at end of June from my employer that put me over means and makes it appear like I make approx $15K more than I actually do. This one time bonus went to credit card debt and barely made a dent. While I am waiting to file, I have some questions please:

I have retained lawyer - one payment of 4 has been made but I have stopped making payments to cc's (30 days overdue right now) and the phone calls are killing me! My attorney advised me not to call creditors or have conversation and tell them about Bk until closer to filing. I have let all phone calls go to my answering machine at home and cell and my work number, I just simply don't answer unless I know who is calling me.

Have any of you been successful in changing and unlisting your cell and home phones. I am receiving 50 calls a day between the two of them and now getting text messages also. Will it do me any good to change my phone numbers or just put up with the phone ringing constantly until closer to BK filing? It starts ringing at 8 a.m. and doesn't stop until about 1 minute before 9:00 p.m. each day.

Also, I belong to a small credit union where I do all my banking and I do not owe them any money. I have used this account to pay all of my credit card bills in the past. All of my creditors have my account/routing number. Should I close this account and go elsewhere just in case cc's attempt to withdraw payment from my checking account although I have only given one time authorizations in the past to deduct for payment?

Thanks so much!

[liz417]

Hi there,

If you've retained your attorney, how come you can't forward the calls to him? I retained my attorney a year before I file and all my collection calls went to his office, I would only get a call when the accounts switched hands and a new collection agency tried to collect (I informed them from the begining that I was filing BK). I wouldn't change any home/cell numbers just because of credit calls, they have ways of finding you...they will start contacting family and friend and even your neighbors! You could pick up the phone and tell them that you will ONLY correspond with them via mail and/or you could send them a cease and desist letter (do a search in the collections fourm) but this only works on collection agencies, not the original creditor.

[1969classic]

My attorney did tell me at the time of my intial visit, that once I made my first payment to him (retained him) and decided to do the Chapter 7 that I could refer all my calls to his office. An assistance who is doing the paperwork for my case told me today to wait until closer to the Bk filing to let creditors know that I will be filing because if they find out now, they will expedite lawsuits against me and attempt to get a judgement for a lein on my home before I have had an opportunity to file my chapter 7.

It's so good to hear your advice though, it appears you also reside in California and have experienced what I am now going through already. I will give his office a call back and ask again about forwarding the calls. I have had the same phone numbers for years and would really like to maintain them if I can. Thanks for your time!

[jribe]

you could change your numbers; but they seem to have ways to find the new numbers. Some places sell your phone numbers without authorization. We had never had a landline; and set one up when we moved. Kept our cell phones. We paid the extra to have the unlisted number; and a few weeks later i started getting collection calls. There was only one other way they could have gotten it: i updated my vehicle registration at the DMV website and put in my #; so from one of those two things the creditors got it. Now they all call my cell and my home phone.

And if by chance they don't get the new number- they will resort to neighbors and any family/friends they can find- people that you may have listed as a "refrence" on a credit application also.

Good luck

[frogger]

Don't change numbers. If you do this, the collection skip tracers are going to start calling every contact number that you ever listed or that they can find. At this point, the calls are going to you, as they should. You don't want them going to others that are not involved.

[adviceplease]

I just turn my ringer down on the home phone and put my cell phone on vibrate.