when CC's call, dont say bankruptcy??

[LuciluS]

Our Attorney's fee of $1,300 includes all the filings for a Chapter 7 including the fees, his attendance at 341 hearing & 2 affirmations, if need be.

When I received my first collection notice, threatening a lawsuit, I faxed it to him. He emailed me and stated for $60 he would reply to a lawsuit & delay until we get filed on 9/30/09.

I keep a list of questions to ask our Attorney for two weeks. I usually email the questions on a Tues. & he replies no later than Thurs. DH and I had the free consult with him...very laid back, does only bankruptcies....in the bk business for 20 years. I've had another 'sit down' meeting with him in Jan.

When I dropped off final payment to his Paralegal, he came out of his office and asked medically related how Dh and I were holding up. Gee, I was surprised he remembered our case is based on major medical crises.

[zpbk13]

I wanted to file in June but we have had a couple of unexpected set backs and will not be filing until sometime in August. I am a little concerned as we have not made a credit card payment since January but so far so good. I wouldn't want to push it to much longer but appreciate the advice on this board to file when we are ready, which should be soon!

[LuciluS]

well, i dont know what else to base it on. i have to base the decision on something. i really dont know how many months i can not pay before i get into legal trouble. like i said, i cannot file early if trouble starts. so, i can only ask and try to guess from that what a safe period is.

The last time we paid BOA on a $13,600 balance was Sept. of last year. I'm about 70% sure BOA still has the account. I've not opened CA/JDB or Credit Card statements since around Feb. I honestly think not paying for 6 months, you will be fine.

http://money.cnn.com/2009/07/07/pf/consumer_delinquencies/?postversion=2009070711

Credit delinquencies hit record high
Mounting job losses and fallout from housing bust make it tough for consumers to make payments on bank cards and other loans.

It's a good article for all to read.

[Moneypenny]

thanks that is very helpful!!

[OhioFiler]

well, i dont know what else to base it on. i have to base the decision on something. i really dont know how many months i can not pay before i get into legal trouble. like i said, i cannot file early if trouble starts. so, i can only ask and try to guess from that what a safe period is.

Typically, the OC holds the debt for at least 180 days before it's transferred to a CA. With Debt validation requests and cease and desist notices you can usually hold off any activity by them for a few months as well.

I wouldn't expect any type of legal action for at least 12 months. Hed over to the Collections forum and read how well and how long some members keep the hounds away.

[Moneypenny]

well, i dont know what else to base it on. i have to base the decision on something. i really dont know how many months i can not pay before i get into legal trouble. like i said, i cannot file early if trouble starts. so, i can only ask and try to guess from that what a safe period is.

[OhioFiler]

BofA is no different than any of the other large national banks. Don't base your decision on whether to pay your cc's on anecdotal evidence.

[AshShep01]

well thats scaring me now. i dont know if i should stop paying my cc debt. i was planning on not paying 6 months prior to filing, with 2 BoA at 29k and 12k and 2 chase at 9k and 12k. now i am afraid to stop paying even 3 months prior. i cannot file early.

mr. mp

I only had 9K worth of debit with BOA. As soon as I told them I was unable to meet the terms on the payment plan they extended me. The collection guy told me they weren't going to contact me anymore. They were sending my account straight to the legal department. He was just blowing smoke, they contacted me again about 3 months later. The had extended me a settlement offer. But by that time I had already filed BK.

[Moneypenny]

well thats scaring me now. i dont know if i should stop paying my cc debt. i was planning on not paying 6 months prior to filing, with 2 BoA at 29k and 12k and 2 chase at 9k and 12k. now i am afraid to stop paying even 3 months prior. i cannot file early.

mr. mp

[AshShep01]

My atty gave me a script of what to say "I am unable to pay you at this time. Please contact my attorney". (He was worth his $ to be able to get the hounds off )

I pretty much stuck to script and if they asked whether I was filing bankruptcy just said I was looking at that option.

BOA worried me that a suit was going to come, but my atty said not to sweat and if it did we would file the day we saw the suit. Never came about though.

OMG... BOA worried me to, you have to be really careful with them. I just knew they were going to file a suit against before I was able to file. Those collectors are so freaken rude. Be on the lookout for BOA.

[pookieny]

My lawyer said if I give out his name and number he will be charging me for the time he spends talking to the callers.. I will not be giving out his name or number.. I know every case and situation is different just throwing this out there..

My lawyer told me to give out his name and number the day I filed, he works for you, you are the client. It's not like he would even ever take the call anyways, wouldn't probably even get past his assistant.

[BananaCabana]

I'd interview a few more attorneys. Seems like the $650 charge to answer the summons PLUS $2,100 for the BK is quite a lot.

I'd answer that summons myself before I'd pay an attorney $650 knowing I could file BK the next day and have the collections case dismissed.

She was our first attny we met with and we like her the best so far. The first prospective attny we called claimed they don't do bks in our county and gave us a name for someone else. We called the referred attny but they have never returned our call. So we scratched them from the list. Then I called this one who returned my call herself immediately and got us in for a consult lickety- split. We met with another attny (by internet teleconference) a week later. They are about $200 cheaper. But they never come to our area, just by internet conference call. That makes me a little nervous. Other lawyers are about an hour away which will cost me in gas and possible time off from work. Not a decision buster but it does add to the cost to have to drive documents to the office, meet with the lawyer, etc. And if I have to work it around a my husband's and I's work schedule that also adds to the cost. Either that or I am being naive and should still consider looking into those an hour away as well.

As you suggested, I may consider answering a summons myself and then retaining the lawyer for the bk. But I get all mushy in my head when I look at legal documents. For the life of me I just can not interpret what that language is saying! Give me a budget with numbers and I am in pig heaven. Give me legalese and I go blank.

[RackingJ]

I've been letting my answering machine field the calls for me. I've only been getting calls for about 2.5ish weeks (we're 2 mos late on everything but the house) and we're signing our paperwork to file today so I didn't really want to deal with them. If we would've had to wait longer to file, then I would've answered and referred them to our attorney.

[OhioFiler]

We were told a similar thing. Not to file for bk until we get a summons. Once we get a summons we are to call the lawyer and hire her. She will answer the summons for $650 and then the bk will cost us $2099. Unless something else pops up that could be an extra cost/service.

She said that way we could try to save us some time before we will have to file and move. Of course, even without our mortgage or cc payments, as our incomes have dropped so low, we will be lucky to throw $9 into savings a week. It could take a year just to pay for the lawyer. Then there will still not be any money to pay for rent somewhere. We are hoping to land second jobs and get that income up so we can save some money to move out when it is time. Even with both of us working two jobs our income is so low we would still meet the means test.

I am still trying to figure out how to handle the collection calls once they start calling. Whether to not answer and let voicemail take them or to answer and tell them I will pay them when I can get the money. I won't mention bk until we retain an attorney..........I don't think I will anyway.....

I'd interview a few more attorneys. Seems like the $650 charge to answer the summons PLUS $2,100 for the BK is quite a lot.

I'd answer that summons myself before I'd pay an attorney $650 knowing I could file BK the next day and have the collections case dismissed.

[BananaCabana]

We were told a similar thing. Not to file for bk until we get a summons. Once we get a summons we are to call the lawyer and hire her. She will answer the summons for $650 and then the bk will cost us $2099. Unless something else pops up that could be an extra cost/service.

She said that way we could try to save us some time before we will have to file and move. Of course, even without our mortgage or cc payments, as our incomes have dropped so low, we will be lucky to throw $9 into savings a week. It could take a year just to pay for the lawyer. Then there will still not be any money to pay for rent somewhere. We are hoping to land second jobs and get that income up so we can save some money to move out when it is time. Even with both of us working two jobs our income is so low we would still meet the means test.

I am still trying to figure out how to handle the collection calls once they start calling. Whether to not answer and let voicemail take them or to answer and tell them I will pay them when I can get the money. I won't mention bk until we retain an attorney..........I don't think I will anyway.....