More questions about the process...

[HelpMeFast!]

I'm going tomorrow to talk to a lawyer about CH 7 (my scenario has been detailed in other posts). I am totally new to this idea so I don't know much at all.

If I go talk to this lawyer tomorrow and decide to go with him, will I still be able to wait a few months to file (I'm trying to put some time in between using our cards and filing)? I don't want to walk in and he tells me that since I've talked to him that we have to file soon. I've spoke with him on the phone and he seems very good. He was really stern and actually gave me a lecture (respectfully of course) about living within my means and budgeting and my credit card use. The other lawyers I talked to just said come on in and we'll wipe all your debt away!

The other question is this: I've just recently stopped using and paying my cards completely (last month). I simply do not have any money left to pay them with using cash advances, so I stopped paying them. There are 4 total and 2 are very large ($25K each) with minimums of $500 and $690. Will those card companies call quicker and be more aggressive with collections because of the size of the debt? I haven't had ANY calls yet, but I can imagine they will start very soon. Is there any way of stopping these calls? I've heard of the "drop dead" letter on Clark Howard's show but I'm not sure what it is. I plan on changing our number and keeping unlisted when they start calling, but I'd like to avoid changing it if I can.

I would really like to say thanks to everyone on this site for the help and support. This problem has been eating at me for along time and it actually feels like a weight has been removed since I've made the decision to file. I know the hard part is still ahead, but I'm looking forward to getting this over and moving on with a new way of living (spending).

[lisac77]

You don't have to do anything right away. We have a fairly complicated scenario (business debts, huge secured loans - eek!) but we were told by all the lawyers that we could set the time of filing, whether it be tomorrow or January 2008.

[SinkingFast]

Talking to attnys is research. You're just gathering info to make an educated decision about what to do in your situation.

I'd also suggest you chat with a financial counselor. Not get your pre BK Cert just yet. But get a professional Credit Counselor's perspective on your situation. BK attnys are slanted toward the BK side. You may learn useful info from a financial advisor that will help you as well.

That way, if and when you finally do retain an attny, you'll know you've gotten every perspective. Turned over every rock. Considered every option.

What older posters were saying here when I first joined was,........ Once you pay the retainer, you've essentially committed to file BK. If you were to charge something after that, it would be fraud. Attnys told us during Consults that wasn't true. A retainer was a fee to act as our legal representation. Not necessarily filing BK. Just to be on the safe side, I'd suggest you be completely committed, one way or the other, before you pay an attny any money.

About the Creditors' calls,............ We didn't get any until after we'd missed the 2nd or 3rd payments with our CC's. At first we answered the phone. Told them our story. They were nice and polite but pressed us for some sort of payment. Eventually, we started using the Caller ID. Didn't answer unless we knew it was family or friends. Let the answering machine take the other calls.

I set up our answering machine to pick up after 2-3 rings if there was already a message on the machine. We always left one message on the machine. That way the phone didn't ring, ring, ring but we had enough time to learn who's calling and answer if we wanted.

The calls are bothersome for some people. Some more than others. BoA was a bit of a pain for us. Calling 8, 10, 12 times a day. More on the weekends. But then I learned to ignore the phone. It's a learned habit, don'tchya know??!! Jump and run to answer that dang ring. Once you start ignoring it, it gets easier and easier every time.