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Hanging in there!

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    Hanging in there!

    About one more month until we can file Chapter 7 and be under the median for that.
    We now have 3 threats from creditors to take legal action shortly but our attorney says don't worry about it as they cannot sue us, get us into court and get a judgement before we can file.
    He also says fact of the matter is now that once they are told we have no choice but to file that they will not spend good money after loans they know they cannot collect on.
    Phew~~~I was not sure we were going to make it.

    #2
    Do the creditors even know you retained a attorney? Because, if they do, they themselves could be sued for calling and threatening you.

    By the way.

    Could you list the creditors names? And when was the last time you made a payment on the accounts?

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      #3
      Originally posted by optimistic1 View Post
      Do the creditors even know you retained a attorney? Because, if they do, they themselves could be sued for calling and threatening you.

      By the way.

      Could you list the creditors names? And when was the last time you made a payment on the accounts?
      Yes, they are all aware now that we have contacted an attorney and the BK is pending. They don't know it won't be until early March at this point however.
      I won't list the creditors here, but the last time we made payments was early October to a total of 8 accounts.
      One was an RV that had to be sold that we turned in voluntarily. It took them 4 months to sell it and get a deficiency balance.
      Another was a mobile home that again they had to sell and just now sold. I have not received the letter for that one yet.
      The one that has been the worst for harassment so far is a credit card. That is with Compass Bank. And yes they were told our attorney's name over a week ago and they still try to contact us by email and such. They cannot call as we had to move and did not give anyone our new phone number.
      One creditor got the number somehow, another credit card, but caller ID allows me not to answer their calls.
      And I did not ask our attorney but I thought you had to file before they could not call??

      Comment


        #4
        Originally posted by kenshirley View Post
        And I did not ask our attorney but I thought you had to file before they could not call??
        This is true, the creditors can call all they want until you have a case number. When I gave my creditors my attorney info, they stopped calling...that was over 8 months ago. You only have a month to go (to file), I wouldn't sweat it. If you've given all your creditors your attorney's number, ignore the calls. Good Luck!
        May 2008 Hired 1st Attorney/Stopped paying CCs
        May 21, 2009 Retained 2nd Attorney
        May 28th - Filed for Ch 7 (FINALLY!)
        9/11/09 - DISCHARGED!!!!

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          #5
          That is what I am doing. Only one as stated has the number and I am not sure how they got the new phone number either.
          As stated, we are going to make it.

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            #6
            Originally posted by kenshirley View Post
            That is what I am doing. Only one as stated has the number and I am not sure how they got the new phone number either.
            As stated, we are going to make it.
            After I gave all my creditors my attorney info, Chase continued call several times a day asking for payments and "pretending" they didn't have my info. I told my attorney this and he said he would write all my creditors a letter informing them that they had to contact his office That must have been some letter...like I said, I haven't heard a peep from them in over 8 months!:
            May 2008 Hired 1st Attorney/Stopped paying CCs
            May 21, 2009 Retained 2nd Attorney
            May 28th - Filed for Ch 7 (FINALLY!)
            9/11/09 - DISCHARGED!!!!

            Comment


              #7
              I wish I could get this one CC company to stop calling. I have asked them to contact my attorney and they try to call me about every two hours from 8-8 every day.
              I will not answer the phone and can tell who it is via caller ID of course.

              Comment


                #8
                Is this an 800 number? If you have a computer with a fax modem in it, it is possible to set it up to call that number repeatedly until the software hears a fax tone. Since it is not a fax number you are calling, you will be giving them some of the same they attempt to give you.

                I had a threat from my Mother's (deceased) ex-husband and his girlfriend, both of them crooks and attempted theft after my Mother died. I called the number back and noted that after they did not answer for six rings, a fax machine toned. Smilingly, I set up my fax program to fax them the Bible. I simply with a smile hit 'Enter', and Mrs. and I went to dinner. An hour later it was still attempting to fax. What came out in a sea of words was a roll of fax paper was found on the floor below a well smoked fax machine. The threatening calls stopped. 'Hub
                If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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