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Should I let me creditors know that I will eventually file for Ch. 13?

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    Should I let me creditors know that I will eventually file for Ch. 13?

    I have heard conflicting reports on whether or not to tell the creditors that I am filing for Ch. 13. I plan on filing in 6 months or as long as I can hold out until they start suing me. I have no late payments on anything currently but that will change in 2 weeks. If you absolutely knew you were filing for Ch. 13 in 6 months time, would you tell the creditors asap? Thanks.

    #2
    We retained our attorney Sept. 29, 2009. We were about 2 months behind on most ccs then. We immediately started telling bill collectors calling us that we had retained an attorney. Most of them didn't even ask what chapter we were filing, just took the attorney contact info., and hung up. After we gave them the info., the collection calls pretty much stopped. We needed to wait (at least) 6 months for some OT to fall off our income, so we would be under median for chapter 7. This month we reeived our first summons for a GE Care Credit account for about 3K. We're going to file at the end of this month or early in May. But, we ended up not paying on ccs for almost a year.

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      #3
      Did they call your lawyer and verify the bk info? Did you tell the collectors immediately about the bk or did you tell them 2 months after you fell behind on your bills? Thank you.

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        #4
        Hi NeedOpions, I am going to tell you what I told Needanswers: it really is none of their business. We hired out attorney about a year and 1/3 before we actually filed. She had us refer collection and CA calls to her office. We had no case number so could not give that. But we did say that 'We will be filing bankruptcy in the near future, and for further information, contact Attoney XXXX at xxx-xxx-xxxx.' And that was it, period. You cannot know what the future holds. We had been planning a Ch13, but once I lost my FT job, we had no choice but to file a 7.
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

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          #5
          How much does it typically cost to have an attorney on retainer? Once you do have them on retainer, can I simply tell all my creditors to call him and not to bother me? Would this work even though I am not filing for at least a few months? Thank you.

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            #6
            There was a long thread here about attorney fees, but I think HM pointed out it was really not helpful because state to state is different, as well as what your attorney is going to do for you. For example, we paid $4500 and had to give him $2500 for retainer. I am in Long Island, NY, and the extra $2000.00 went into our plan and it was to pay him for stripping our 2nd lien. Like everyone says here your best bet is to get free consultations with a few attorneys to compare. If you are going to have a complicated case you want a good attorney.

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              #7
              Our attorney only required $150 paid towards his $1450 fee (chapter 7), then we could immediately start telling creditors to contact him. We told everyone who called us to contact him -- as they were driving us crazy with calls - we were 2 months behind by then. Just about every creditor we talked to was understanding when I told them to contact our attorney, except one told me very nastily "sure hope you have a great life not paying your bills". At the time it upset me, but now I can just brush off his comments. He hasn't lived thru the last 3 years of my life -- with multiple surgeries/illness and almost dying from surgical complications.

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                #8
                Dancersmom in college one of my many jobs was briefly at a collection agency. I say briefly because it was a very ugly atmosphere, and this was way, way before I had any credit problems of my own. They pump each other up, and it is a completely negative, angry place. I would not think about anything any collector said to you, they don't know a damn thing about people's lives, they only care about their numbers.

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