Should I tell

[Lajazz947]

Creditors that I am filing?

Could it speed up a lawsuit?

I have not answered calls for a while.

Thanks.

[AngelinaCatHub]

Well, yes and no. Would I make a conscience effort to do this, no, but when they call you, refer them to your lawyer and give the phone number and/or the address and that is all. When you file, let your lawyer give them the case number. Say as little as possible as most are recorded. Be nice. 'Hub

[Lajazz947]

Thanks, I've always been real nice.

Still waiting to hear from my atty on that pesky little insider payment that I made before I had any inkling that I would be filing.

[Flamingo]

We had no mean creditors call us; not when we told them there was a major job loss involved and we had retained an attorney to file (some creditors exclaimed to us they were sorry as they saw we were long-term, good customers, having cards with some of them going back to the 1980s and excellent credit). In our situation, we paid everything up to the time we retained our attorney (2/02). We filed 4/02. The calls were incessant during the month of March. But when we provided the attorney's name and phone number, they slowed...however, we did not yet have a case number and after we obtained that, answer the calls again and gave the case number. By two weeks after filing, the calls had ceased.

[Pinkie86]

I told each of my creditors when they called to nag me that I'm filing and gave them my lawyer's info.

I haven't had a call from any of them in three weeks.

[stressin]

My calls went from 12 or more a day to almost none once I retained my lawyer and gave the creditors my lawyers name and number. They asked a few general questions, like which chapter was I filing and was I filing business or personal, etc. I told them the truth, that I wasn't sure yet which chapter I was filing--I am pretty sure it's a 7, but I guess I can't be positive of this yet.
Anyway, all callers were polite and simply took the information. Some did ask me to call them back when I got a case number, but otherwise, very professional.
The calls, like I said, have almost stopped and I am glad that I told them. I am very close to having everything done to file, so I am not as worried about lawsuits. Also, I feel like I am getting close to that point--6 months, when creditors might start to consider suing, and I want to save them the trouble and expense, and save me and my lawyer from having to deal with any lawsuits.

[Stilltheone]

We were told by our lawyer not to "warn" creditors that we were filing bankruptcy, as just a precaution. Last thing I needed was a creditor trying to sue us at the last minute.

We waited to tell our creditors until after we filed.

Good luck!

[Priceless ProSe]

Depends on when you actually plan to file, and even then just requires some extra paper work.

For example, say you plan to file in 6 months and you let your creditors know this. This may cause them to run and file for a judgement against you. Even then all you have to do is list the court (judgement) in addition to the creditor/collections agency, and file papers with said court after discharge (assuming your chapter 7 goes thru). If you file before they obtian judgement I believe if you notify the court it would keep them from ever getting the judgement against you.

I filed two weeks ago, and the very next day I notified several of my creditors I had filed (keep in mind this is after I filed, so there should be a stay at some point right?). Just yesterday I get a fed ex letter saying one of the creditors is taking me to arbitration (meaningless but bothersome), and today my credit report shows that GEMB is seeking judgement against me, coincedence? These GEMB card was only 90 days late and hadnt even been sent to collections yet! meanwhile my wife has a debt from 6 years ago she hadnt been paying on that has yet to seek judgement. If I had a lawyer these things might not bother me so much.

[Cali]

I gave my attorneys info to those that called, even before I filed.

[liz417]

My attorney told me to take the calls and refer everything to his office. We plan on filing in Aug/early Sept.

[Stilltheone]

My attorney told me NOT to tell our creditors, so we didn't. I guess it could've been possible to "start a lawsuit" and my attorney didn't want to take any chances. We ignored the calls for about 3 weeks and waited until after we filed to tell our creditors.

Personally, I didn't feel like explaining myself over and over again to my numerous creditors when I KNEW we were filing and I KNEW we couldn't pay. They were calling for a payment that I didn't have...why answer?

Good luck!

[momof5]

I believe the reason that some attorneys tell you not to tell creditors is because until the day you actually file it really doesnt matter. You have no bankruptcy protection until you have a BK case #. Most creditors from reading this board seem to cease communication or at least slow down but I am sure there are some who know they dont have to.