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Stop paying unsecured debts before filing?

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    Stop paying unsecured debts before filing?

    We are planning on filing chapter 7 after the new year. I'm having trouble keeping up with the payments on the unsecured debts. IF I miss a payment and cannot pay them, what should you tell them when they call?

    Anybody have any experience with this or know what to say and what not to say? Do you tell them you are filing or something else?

    BK

    #2
    How soon in the new year do you plan on filing? If/when they call and start hounding you just tell them up front that you're considering filing. If they ask you when, just hang up the phone. Close your bank accounts right there and then to avoid any possible bank freezes which they might get with a possible default judgment. If your pay gets automatically deposited get your employer to issue you paper checks and cash them somewhere.

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      #3
      Originally posted by BK09 View Post
      We are planning on filing chapter 7 after the new year. I'm having trouble keeping up with the payments on the unsecured debts. IF I miss a payment and cannot pay them, what should you tell them when they call?

      Anybody have any experience with this or know what to say and what not to say? Do you tell them you are filing or something else?

      BK
      Tell them you are "Working on it" do not commit to anything. Do not let them badger you. Just say one time I am working on it and hang up the phone. I did not tell them I was filing until I retained an attorney - that bought me about 30 to 45 days before the actual filing.
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

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        #4
        I agree! And you have the option of an answering machine.

        I went months and months before filing. Start planning your future

        Study and read as much as you can!
        Filed C7 Aug 31 2008
        341 Oct 8 2008
        Discharged Dec 9 2008

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          #5
          We sent minimum payments on everything before we saw our attorney. As soon as we retained our attorney, he advised us to stop paying everything, including vehicles. We filed two months later. The calls were horrible until we actually filed. We told them we were going to file due to a job loss and we had no other choice. Many were sympathic and wished us well and a few even were surprised as we were long-term customers for over 20 years with never a late payment or non-payment. Protect yourself as a poster (Magyar) states above. When you retain an attorney, you will be able to provide them with his/her contact information but until you actually file, the calls can be terrible (and also snail mail).

          When they call tell them you are being hit hard by this economy and you will catch up with them as soon as you can. Get caller ID if you dont' have it now and don't answer the phone if you don't want to. When you retain your attorney, you can answer the phone again and tell them you are filing BK and they will be receiving papers shortly and provide them with your attorney's contact information. If you have vehicles that will be late, that could be your worry because anytime after you miss that first payment they can come repo the vehicle. We were two months behind right before we filed and that was my most major concern but they did not come probably because of the attorney information we provided them.

          The calls will not actually stop until you have your case number; answer the phone and provide it to them. What we did was keep a creditor listing by the phone. We kept track of who called and when and what they were told. Made it easier for us to ignore calls after we initially talked to them.
          Last edited by Flamingo; 12-21-2008, 06:59 AM. Reason: Spelling
          _________________________________________
          Filed 5 Year Chapter 13: April 2002
          Early Buy-Out: April 2006
          Discharge: August 2006

          "A credit card is a snake in your pocket"

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            #6
            i think everyone should stop paying theirs and start paying mine for me....in the spirit of christmas!
            "it looks like i picked a bad day to give up sniffing glue"! [McKroskey, airplane]

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              #7
              Thanks for the replies - I'll post what happens.

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                #8
                I definately suggest opening a new bank account prior to filing.
                Chapter 7 filed 10/21/2008
                341 - 11/26 went smooth NO ASSET
                Took 115 days after 341 - But Finally DISCHARGED 3/25/09

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