Making payments to BK atty. Do creditors have to stop calling while in this process?

[debtmonster]

I've read the messages on here about the "automatic stay", once your attorney has officially filed your BK with the court, that it is illegal for any creditor to contact you. Can creditors still keep calling you every day until the actual day your attorney files the paperwork with the court house? Let's say you're making monthly payments to your attorney, you can literally keep getting 60 calls per day until you file even after you've told them to call your lawyer?

This weekend I just mailed off 7 letters to 7 different creditors telling them that we are in the process of going bankrupt. Is this not going to get rid of them for now?

As each bill comes in the mail, I am mailing a letter to them letting them know our intentions. It's basically:

"Due to financial hardship, we're in the process of going bankrupt. Please contact: The Law Offices of John Q. Public, 123 Maple Street, Yourtown USA (415) 555-1245 regarding this account."

I track the date that it was mailed and save a copy for each creditor or collection agency that I have written to and put a "Cc:" at the bottom with my attorney's initials letting the creditor know that my attorney is getting a copy.

[Flamingo]

Since you have not retained an attorney yet nor filed, they will be contacting you. Sending letters as you are doing may help but you are still fair game for phone calls. Even after you file you will get phone calls from creditors for several days who have not yet received your filing paperwork. They trickle down after filing. Once you have your attorney's name and case filing number, you give that information to them when they call. Keep a check list by your phone when you do that and check off that creditor. However, that will require you to answer calls but that is the best thing to do as you know that creditor has the informatoin and should not call again.

[WharffRat]

They will keep calling until you have filed and have a case number. Once I gave them they case number, date filed, and lawyer's contact information, the calls & letters stopped.

[AngelinaCat]

For the most part, our creditors, when told that we had retained an attorney and were in the process of filing, were nice and cooperative. We gave the attorney's contact info and that pretty much took care of it. Our creditors were not some of the more virulent that have been discussed in other threads. For a number of reasons, we did not file for 17 months after retaining the attorney. So we had a long stretch to get through.

[Over our heads]

FWIW, we retained our attorney, and started telling the CC's to call her. While I know that they are not required to quit calling until we actually file, all of them have. I am going to assume that they called her and that has satisfied them. But until you actually file, they have the right to call you as much as they like.

[JRScott]

Generally once you refer them to your lawyers office many will stop calling or call less frequently, however legally they can contact you until the bk is officially filed.

[debtmonster]

Since you have not retained an attorney yet nor filed, they will be contacting you.

Why would I be sending that letter out to credits without retaining an attorney first? That would be fraud. I've already paid them $500 so far out of $3400.

[JRScott]

Your doing the right thing debt . Still until you are filed they can still contact you though most will not once they have your lawyer contact info. (Heck some won't even call him, as I had several that took the info but never called his office but they did stop calling me).

[debtmonster]

Your doing the right thing debt . Still until you are filed they can still contact you though most will not once they have your lawyer contact info. (Heck some won't even call him, as I had several that took the info but never called his office but they did stop calling me).

I don't know why they would do that. What if you were telling a lie just to get them off your back? I would think that they would at least verify it first. I'm sure many people tell creditors and collection agencies that they are going bankrupt when they in fact, don't.

[BassBoy]

It doesn't always happen this way

Your doing the right thing debt . Still until you are filed they can still contact you though most will not once they have your lawyer contact info. (Heck some won't even call him, as I had several that took the info but never called his office but they did stop calling me).

I don't know why they would do that. What if you were telling a lie just to get them off your back? I would think that they would at least verify it first. I'm sure many people tell creditors and collection agencies that they are going bankrupt when they in fact, don't.

This may very well happen, but keep in mind that this is not always the case. Sure, you may cease the calls for a while, but I would bet the calls will begin once 30 days or so goes by. This could depend on when you told them you're going bankrupt and when you actually file. I would assume that you would only be able to hold-off the creditors for a couple of months by continuously telling them you're going to file BK.

[debtmonster]

So what if I am not going to file for 5 months from now and I tell them that? It will take many months at $500/mo. to pay $3400 to the attorney.

[Over our heads]

Keep paying your lawyer and let them deal with it. This is what you are paying them for! Divert all creditors to your lawyer, watch your mailbox diligently, and if one of the creditors starts any collection proceedings talk to your law man right away. Save your worrying for later.

[debtmonster]

They can try to collect all they want. I am going to keep telling them to contact my attorney and will not tell them anything else.

Wait until the 7 letters that went out in the mail today hit their recipients. That's when the fireworks begin.

[jessegirl]

Debt - I sent out the letters and then didin't file for 3 months. I sent out about 35 letters to CC only maybe 2 of those called. All the other ones never called. I did send out the letters certified, return receipt. The ones that did call me after awhile I would just give them my attorney information. I am telling you, once I sent out those letters in a matter of a week or two the calls were hardly coming in..

[HHM]

Debt collectors (i.e. 3rd party debt collectors) are required by the FDCPA to stop contacting you once YOU inform them that you have hired an attorney and have provided the contact information for your attorney. Original creditors are not required by law to stop contacting you, but most will stop once so informed.