just one more question - re telling the creditors or not?

[PaKettle]

Since we are going to wait another month - based on our attorney's advice - before we file, what should we do about "the calls"?

When we first retained the attorney I told a couple creditors we were filing and gave them his number.

Then I decided not to tell any more creditors we were going to file, because I didn't want to give them more time to consider their options for filing an objection - I thought I'd let them wait til the last minute - when we file - before letting them know.

So now, since we're getting lots of calls, and we're not going to file for another month, does it matter if I tell them we're going to file, or not? I know they CAN still call, anyway, until we do file.

Is there any reason I SHOULD tell them [we're going to file next month], any reason I should NOT tell them, or does it just not matter if I tell them or not at this point? Might it stop some of them from turning it over to collections if I give them my attorney's number now?

Basically we just turn off the ringer, screen all calls and lower the volume until the creditor is done with his spiel, then erase the message.

[nc73]

don't tell them until after you've filed. you can tell them not to call you anyways and they have to comply even before filing. of course not all of them do...

[HHM]

You are over-thinking this...seriously, go to a doctor and get some anti anxiety pills

When they call, TELL THEM you have hired an attorney to deal with the debt and give them your attorney's phone number.

Also, keep a log of who calls.

Reason being, once you tell a creditor you have hired an attorney to handle the debt, under FDCPA rules, the creditors can no longer call you.

[demismom]

Tell them! We hired our attorney in Feb and didn't file for another 4 months, 4 PEACEFUL, QUIET months!

[ssdsco]

Reason being, once you tell a creditor you have hired an attorney to handle the debt, under FDCPA rules, the creditors can no longer call you.

Learned something new. Thanks HHM

[PaKettle]

I thought they could call you right up until you acually file, whether you have an attorney or not. In fact, one of the creditors told me, "Well, we may still call you until you actually file." I said, "Well, you can do whatever is legal, I guess."

HHM, I've been taking valium, off and on. Apparently I need more on and less off.

Seriously, though, I have accepted that it will be what it will be, there's no point fretting over it. I think the law is seriously flawed re the creditors' rights to get you to settle even during bankrutpcy, but so be it. We can only hope the creditors find bigger fish to fry and leave us little minnows alone.

[HHM]

PaK...keep in mind that the FDCPA only applies to third party collectors. Thus, collection agencies and attorney's hired by your creditors are no longer allowed to call you once you hire an attorney to deal with that debt. However, since the FDCPA does not apply to original creditors, then, yes, they can still call.

[CindyLou]

pakettle, I think you need to change you phone number under the circumstances. This is making you too stressed out. They know your address and can send any information via mail. Either turn off your ringer AND your answering machine or change your number. You don't need all this stress in your life. You are thinking way too much into all of this just like HHM said. I am praying for you to have some peace. I really think that you are going to be fine. You are playing by the rules. You are waiting your time frames and listening to our attorney's advice. Don't let this stress you out. The creditors are getting the best of you. They use these stress tactics to stress people into paying their bills and you have already made the decision to file therefore all it is doing is giving you the stress because you are not going to pay.

Take a chill pill and tall glass of ice tea. Put your feet up and watch a nice sunset. Imagine life a year from now with your discharge safely filed away in the drawer labled "PAST"

You will be fine. Smile and stop worrying. We are here to listen!

[qwertysue]

Our first payment to our attorney was in January, the actual filiing did not occur until July. You can bet your bippy that we gave every single collection call our attorney's phone number. We had to tell each one only once and that was the last we heard from them. If they asked for the file number, then we would say that we don't have that number handy and to contact the attorney.

I have to agree that you're overthinking this. It seems to be a human trait though...just keep in mind that you are NOT the only bk case the creditor is going to have to deal with. It may be heavy on your mind, but in the mind of the creditor, at least for now, you're simply another account in the growing BK pile.

[ssdsco]

PaKettle, You may be overthinking this but I do enjoy your questions and the answers.

[Keebler]

PaKettle, You may be overthinking this but I do enjoy your questions and the answers.

I agree...

Plus, it makes me feel better to overthink this problem because underthinking is what got me here!

I don't think I've ever tried Valium, is now a goot time to start?

[PaKettle]

I agree...

Plus, it makes me feel better to overthink this problem because underthinking is what got me here!

I don't think I've ever tried Valium, is now a goot time to start?

Thanks ssdsco and Keebler , your comments make me feel like I'm not the only one overthinking this, and maybe my questions help others as well, and yes, you have a point: I would rather overthink this than underthink this. Knowledge is power.

But I don't want to drive the mods nuts, so I'm going to take a break from this board, if I can, at least until the day I file, just to say I filed, maybe tell people how the 341 went, and then try to forget about it through the 60 day period. IF I can...

[PaKettle]

pakettle, I think you need to change you phone number under the circumstances. This is making you too stressed out. They know your address and can send any information via mail. Either turn off your ringer AND your answering machine or change your number. You don't need all this stress in your life. You are thinking way too much into all of this just like HHM said. I am praying for you to have some peace. I really think that you are going to be fine. You are playing by the rules. You are waiting your time frames and listening to our attorney's advice. Don't let this stress you out. The creditors are getting the best of you. They use these stress tactics to stress people into paying their bills and you have already made the decision to file therefore all it is doing is giving you the stress because you are not going to pay.

Take a chill pill and tall glass of ice tea. Put your feet up and watch a nice sunset. Imagine life a year from now with your discharge safely filed away in the drawer labled "PAST"

You will be fine. Smile and stop worrying. We are here to listen!

Thanks cindy. See my above response.

[Keebler]

But I don't want to drive the mods nuts, so I'm going to take a break from this board, if I can, at least until the day I file, just to say I filed, maybe tell people how the 341 went, and then try to forget about it through the 60 day period. IF I can...

Aw come on... Don't go away!

Some poeple deal with stress by trying to look past it or trying to minimize it. I know I deal with stress by being more obsessive and making every move more carefully planned than the one before. For me, this behavior is an outlet for my anxiety and I feel the need to be in control of SOMETHING for a change. You know the saying, worry about the things you CAN control and learn not to sweat the things you can't. Let's talk about the things I can control!

If there's one thing about this forum that I wish was different, it's for an easier way to follow the stories of people like me. I'm especially interested in the thoughts and feelings of the people who are going through the process at the same time I am!

The topic-oriented thread organization is great for learning the technical aspects of BK, but following the story of the people you meet, and begin to identify with, is much more difficult to do.

I understand how filling up the forum with technical questions that have already been answered a hundred times isn't very welcome or valuable. But, watching someone else wrestle with the same worries I've got is comforting, and being able to work together to put those worries to rest is priceless. And, this is no less valuable even after a hundred times!

[demismom]

Please don't leave and I certainly would hope no one made you feel badly for asking questions, if they did, shame on them! We're here for support too, not just cut and dry answers!