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To inform Collectors I am filing for BK?

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  • To inform Collectors I am filing for BK?

    Hello,

    I have a question..I keep getting calls from my creditors regarding missed payments. In another post on this forum, I mentioned I would be meeting with my attorney later this month to discuss the timetable of filing for bankruptcy (Chapter 13). Should I tell my creditors I am meeting with a bankruptcy attorney the next time they call? Two of them are collectors working for my creditors.

    Thank you!

  • #2
    I told them. All of them. It helped considerably. Most of them said they'd make a note of it & they would call back in 2 weeks to see if I had attorney info.

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    • #3
      I told my creditors once I started paying my attorney but before filing. Once I told the creditors that I had retained an attorney and gave them the attorney name, address, email address and phone number, most of them stopped calling me. I don't know that telling your creditors that you are meeting with an attorney will stop the calls. They probably heard that before. Once you hire and are paying an attorney they know you are committed to filing the BK petition and that gets their attention. Of course the one thing that will stop all calls is a BK case number, since no creditor wants to violate the automatic stay.
      Filed Ch 13 Fall 2013, 60 month plan

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      • #4
        I told them we were meeting with attorneys but had not decided which one we were going to choose yet. I made it crystal clear that we had every intention of filing bk soon. And like I said already... most of the calls did stop. For 2 weeks at a time. No one was nasty with us, ever. They would check back to see if we had attorney info yet. There was a very short time period between the time we made up our minds about our attorney and the time we filed. In fact, we paid the full fee to her one day, got everything in order, and she filed our case the next day. I think one creditor called in those 2 days, and I informed them that we had just paid our attorney & (essentially) filed for bk. They were apologetic, took down her info quickly, and got off the phone. That was of course the last call we received. The rest of our creditors got her information in the mail with the notice of our filing.

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        • #5
          Thanks, guys!

          What about current accounts - should these creditors be informed as well? With the ones calling and calling, I will inform them I will be meeting with a bankruptcy attorney (filing when and case number unknown yet). I have several accounts that are still in current status for example an Opp loan with my payments being automatically deducted at every pay deposit (a total of $540 a month) and the Opps Loan website will not allow me to print out my contract! I want to tell Opps Loans to please turn off auto pay, but I am afraid they won't budge. Any advise or experience with a creditor like that?

          Thanks again!

          Comment


          • #6
            Originally posted by Robin2017 View Post
            Thanks, guys!

            What about current accounts - should these creditors be informed as well? With the ones calling and calling, I will inform them I will be meeting with a bankruptcy attorney (filing when and case number unknown yet). I have several accounts that are still in current status for example an Opp loan with my payments being automatically deducted at every pay deposit (a total of $540 a month) and the Opps Loan website will not allow me to print out my contract! I want to tell Opps Loans to please turn off auto pay, but I am afraid they won't budge. Any advise or experience with a creditor like that?

            Thanks again!
            I had a similar situation with a finance company for some dental work I had done. I called them to inform them I would be filing at the end of November and they stated they could only cancel the automatic payments if I had a case number to give them. Their next automatic payment was set for 2 days before the end of the month, so I went to my bank and had them process a stop payment to block the company's attempts to auto-draft out of my account. The payment attempt was prevented and I then called the company back 2 days later and gave them my case number.

            Basically, I would suggest giving them a call, explain the situation and give them a chance to work with you. If they won't budge, take matters into your own hands and get your bank involved.

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            • #7
              We only had one loan payment that was set up on autopay, and we switched it to mailing them payments a couple of months before we actually stopped making payments. We had to call customer service to do it, but they didn't give us any trouble about it. I was also able to then remove our bank account info from their website.

              Comment

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