Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Should we be concerned that all of our creditors are being VERY NICE????

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  • Should we be concerned that all of our creditors are being VERY NICE????

    SO we retained our attorned on Aug. 17th. We have not officially filed yet, still gathering paperwork/doing the homework so to speak, pulling the money together for attorney fees. Also waiting to get past the 90 day mark on having used a few of those creditors. Anyway...we have gotten "the calls" over and over and have finally told all of them we have retained an attorney and given them that info. EVERY SINGLE ONE..has been very nice, Even some said "I am so sorry you are having a tough time". Hmmmm sounds a bit suspicious to me. Is this the CALM BEFORE THE STORM??? Are we going to be be getting served papers soon that we are being sued?

  • #2
    I doubt you are going to be sued at this point, because having now retained an attorney, your creditors (should) know you're serious about filing for bankruptcy. Therefore, it would be extremely foolish for them to spend money obtaining judgments which are just going to be discharged anyways. Also, the fact that you are planning to file lets them know that you don't have the ability to pay, and no amount of threats or legal action is going to change that.


    • #3
      I'm pretty sure I already responded to one of your threads and shared my story of how I answered each and every creditor (not each and every call) -- and we got nothing but good wishes and even some prayers. All they really want is to know what's going on. That's their job. If you have attorney info, they need that. If you don't, they will call back in a couple of weeks to see if you do. It really was that simple. The nastiness I'd imagined in my mind did not happen -- not one bit. And no, it's not the calm before the storm. You have retained an attorney... you're good.


      • #4
        Thanks so much. Yes both my husband and myself were quite taken back by all of this. Nothing like we had imagined.


        • #5
          It's surprising when people treat people with kindness and respect. Sometimes we get unexpected surprise. Hard not to read between the lines but you don't need to
          Filed Chapter 13 - 07/20/12
          Discharged 8/2/16


          • #6
            When all the yelling, threats, accusations, and insults stop, people can communicate. As a pro se filer, I have had to field all these creditor calls directly. Prior to filing the calls were nothing short of harassment and filled with venomous words like lawsuit, foreclosure, repossession, levy, or garnish. You could not get a word in edgewise unless it included the phrase "I will pay" and followed by a date in the near future. When I mentioned that I filed bankruptcy and I have the case number and District read if they had a pen handy, the tone, manner, and language was completely different. I heard new words coming from the other end of the phone... thank you, good luck, sorry to hear that, and we won't call you again. (The latter was sweet music to my ears!)

            The change in tone only taught me one thing. The consumer protection laws (FDCPA, FRCA, TILA, etc) mean nothing to the creditors. The bankruptcy laws, however, seem to be so punitive and so matter-of-fact that today's smart credit would not challenge any customer that utters the words "I filed (for) bankruptcy (protection)!" It's a show stopper.

            (Note: this doesn't include the super-minority of creditors that just don't understand how the automatic stay and the discharge injunction could cost them serious money and a public rebuke. Ask Verizon about how they had to pay $80K for calling a lady 80 times to demand payment, after she filed. As the judge said in that case, that was without actual punitive damages and one more call would lead to punitive damages (which are 2-5 times the damages award). There were no more calls.)
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            I am not an attorney. Any advice provided is not legal advice.


            • #7
              I remember when I got ready to file, American Express called me. I told the gal on the phone I was filing and she was very nice. She said "Oh, I'm sorry. Thank you for the information. Have a nice evening!" or some such.

              The credit card companies have a ton of insurance against customers filing bankrupcty, so the drone talking to you isn't going to be mean. They honest to gosh don't care. Remember, they're in customer service; they're grateful to any customer who doesn't bite THEIR heads off!


              • #8
                All my creditors who were the large CC companies were pleasant and polite. I'm going to assume that I'm just one of hundreds of delinquent accounts they work on their shift, so no emotional investment on the part of the collector. I'm probably a flyspeck goal in their performance plan measures. The only creditor that got personal was Citifinancial and that was a "are you sure you want to do this?" type of question. My theory is that the more local and smaller the creditor, the more likely you will encounter some form of grief, pushback, negativity because the stakes are much higher for the local creditor in your inability or unwillingness to pay them back. Citifinancial as you may know has local offices everywhere (they are under a new name that was once seared into my brain but now forgot! ). I never liked the personal touch from that outfit, among other things.
                Filed Ch 13 Fall 2013, 60 month plan


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