CC payments prior to Filing

[InOverHead]

Uggh! I have a $295 Min to make today. Attorney says credit score is already in the toilet - Filing/settlement is imminent in my situation - making minimums is just throwing away Money!

Aside from not paying my 2nd since Jan - Which is THE event that brought the scores down; i have remained current. I do not want to throw away $295, but the thought of not paying is driving my bonkers.

I know the 2nd started calling me the day after the due date! Collection calls are no fun, but i can deal. Wondering more about the rebuild. By making the payment am i only saving myself the harrassment, or does it make a difference?

Should i try to negotiate/plead hardship prior to filing? would that look better in the trustee/Judges eyes, or would it clue the creditor and make them more prepared to file a claim knowing i am in financial distress?

[confusedinok]

Our attorney advised us to quit paying CCs. It's just throwing money away. It was very difficult for me to skip that first payment. I've never been late in my life, but the first one was the hardest.

[LadyInTheRed]

There is no rational reason to make a payment to a creditor who your attorney has advised you not to pay. Paying now or trying to negotiate with a creditor will not improve your credit rating or make the trustee or judge see your case any differently (unless you pay enough for the payment to be considered a preference in which case the trustee may try to get the money back from the creditor).

If you make a payment, you will be doing it for emotional reasons. The emotions are normal and okay. Feel the emotions. Acknowledge them. Then, try to let them go. Don't let them cause you to throw your money away.

[keepsmiling]

We have all been there. The first missed payment is the hardest- this you kinda know already from blowing off the 2nd. Yes they will start calling. Since I switched to Google Voice my house is very quiet and I don't have to constantly clear my answering machine.

I <3 GV.

Now there's a nice little screen name... someone should grab it quick!

[Logan]

I paid mine to the end and my credit score bounced back quickly and I obtained new credit quickly. If you need the money and/or are not going to file for a while then I wouldn't pay the credit card.

Logan

[sunshinepa]

Don't pay the cards. I understand your emotions trust me. I never missed a payment or was a day late on anything from the age of 18 and stopped paying my credit cards last August at the age of 60. It was so stressful but it allowed me to save some money, live better and get the lawyer paid to file CH 7.

The trustee won't care what you negotiated, you won't even be asked. The only thing you may be asked is if you listed all your debt.

[lillymarlene]

I agree with everyone else here, don't pay the cards. I don't remember my lawyer telling me that when I filed, but I couldn't have paid any of them and pay him, too. By then, most of my cards were 3 to 12 months behind. My phone rang from 8:00 A.M. to
10:00 P.M., 7 days a week.

[keepsmiling]

They don't call me too much on Sundays.

[LadyInTheRed]

Just loved those 8:00 phone calls. At that time of the morning, it's either a debt collector or my mother-in-law.

[help4mydebts]

If you tell creditors that you have retained an attorney and will be filing bk, aren't they supposed to cease phone calls (to the consumer) and call the attorney from that point on?

[lillymarlene]

If you tell creditors that you have retained an attorney and will be filing bk, aren't they supposed to cease phone calls (to the consumer) and call the attorney from that point on?

Some creditors that were calling me, seemed "friendlier" and at least didn't call as often when I said I was considering bankruptcy. But, I think the only thing that really stops them in their tracks, is the "automatic stay" when you actually file.

[keepsmiling]

If you tell creditors that you have retained an attorney and will be filing bk, aren't they supposed to cease phone calls (to the consumer) and call the attorney from that point on?

It's my understanding that they don't have to desist til you actually have a case number.

[help4mydebts]

I did a little bit of internet research and found this: "The FDCPA, under 15 U.S.C.§1692c(a)(2), expressly forbids debt collectors from communicating directly with debtors they know are represented by legal counsel. If you tell a collector that you have an attorney he should be reasonably aware that you have retained one, then he is not allowed to communicate with you directly anymore. Future communications have to be submitted to the attorney whose name you have provided to them."

So, it appears to be a violation of the FDCPA for a creditor to continue to contact a debtor whom they know has "retained" an attorney.

Do any attorney's here know of anything different? Thank You.

[oicu812]

I agree skipping a cc bill that is due and you are considering filing is hard.but it makes sense..just gotta be sure ya gonna file!

my thing is I owe between $45 and $500 (5 bills)on medical and local creditors one is on a installment loan. whats the harm in trying to get rid of those small bills.can that cause potential prefential issues even tho they are under the 600 mark?

[merime]

I agree. A year from now it will make no difference if you paid or not. Turn your phone off. The end of the world really does not occur.