Retained Attorney, what do I have to tell creditors?

[TooMuchCredit]

Ok, I have retained an attorney. They say I can refer all callers to them. I thought all I had to provide was the attorney info. Some creditors are insisting that I must tel them I am filing bankruptcy before they can contact the attorney. They refuse to take the attorney info unless i state i am filing bankruptcy. I am not actually filing for a couple months.

[StartingOver08]

No you do not have to say anything other than "I have retained an attorney. His name is ________, his number is __________. Discuss this matter with the attorney."

Typically the collectors are reading from a script. They have to read from the script. You do not have to listen. Just quote the above and hang up.

[Mi Bankruptcy]

I created a script dealing with creditors. It is in the post below. The post also tells the kind of questions I was asked when I told them I was filing bankruptcy.

http://www.bkforum.com/showthread.php?t=27825

Good Luck along your journey

[TooMuchCredit]

Discover and GE Money are insistant I must tell them I am filing bankruptcy otherwise they say they are not allowed to talk with a 3rd party. GE said they would note the acct but would not be able to call unless I stated I was filing bankruptcy. Discover refused to take the information.

[Mi Bankruptcy]

I think Chase told us the same thing. I said O.K that is fine. They quit calling. I also had someone argue with me. I told them they had one last chance to take my attorney information before I hang up... They..finally took it. ( laughing)

[Flamingo]

Discover and GE Money are insistant I must tell them I am filing bankruptcy otherwise they say they are not allowed to talk with a 3rd party. GE said they would note the acct but would not be able to call unless I stated I was filing bankruptcy. Discover refused to take the information.

As to any creditor when you have retained an attorney; when that creditor calls, advise them you have retained an attorney who is in the process of filing your bankruptcy and if they have any further questions, the attorney provided you with his/her contact information for them to contact the attorney for further information. They may be insistent upon a Case Number (obtained when actually filed) and that is what they really want. Until they actually receive that Case Number or the paperwork from the BK Court, you still can receive calls from them.

You have retained counsel who now represents you - if they get insistent beyond the contact information you provide them per your counsel's instructions, hang up on them.

[TooMuchCredit]

So I should actually tell them I am filing bankruptcy though? I had thought attorney name and info would be enough. They're saying unless I tell them I am filing the can't contact any 3rd party .

[woeisme]

If you have authorized the third party to have the power of attorney to discuss your business matters with them, then they can contact the attorney (or anyone else you have a signed power of attorney with). However, I don't understand your reluctance to tell them you are filing BK if that is indeed what you plan to do. Why tell them to call your attorney, who will tell them you are planning to file BK, but not tell them you are filing yourself???

[TooMuchCredit]

I don't want to tell them anything I don't have to tell them. Does it make a difference if I tell them? If it doesn't have any negative consequences I'll go ahead and tell them.

[Flamingo]

So I should actually tell them I am filing bankruptcy though? I had thought attorney name and info would be enough. They're saying unless I tell them I am filing the can't contact any 3rd party .

Most people who retain an attorney and have creditors beating down their door are filing bankruptcy. I am certain when you retained your attorney your attorney handed you his/her card with his contact information and advised you to provide that information to creditors when they call. If you are actually going to go through with filing bankruptcy and it appears that is your intention because you retained an attorney, there should be no hesitation on your part advising your creditors that you are going to file. You are now represented by legal counsel - tell them you are in the process of filling BK, have retained an attorney and to contact that attorney for any further information. Keep a notepad by the phone as we did and check off which creditors you advised that you have now retained an attorney and the date. If they call again, tell them the date they previously called and to recheck their records for the information they need.

[TooMuchCredit]

Thanks all for the replies. I'll tell them I am filing BK as that seems to be what most have said they have done. I did not want to reveal anymore than I have to as I am not actually filing for 2 - 3 months.

Fingers crossed I don't end up with a proposed plan payment I can't live with. Then I will really be between a rock and a hard place. It'll be stressful until then. Atleast maybe the phone will stop ringing off the hook.