Question Early on why is it not ok to tell creditors that you are filing BR.

[Hlc]

45 days from filing chapter 7, when creditors call I tell them that I have retained an attorney to handle my credit issues and then I try to give them his name and number. They refuse to take the information. None of them will take it unless I tell them if I filing BR. They tell me that they will continue to call.

Why is it not OK to tell them that I'm filing BR ?

[MSbklawyer]

It's perfectly ok for you to tell them you are filing bankruptcy. But at this stage, if I am reading your post right, you haven't, in fact, filed bankruptcy; you're merely planning on it. Planning on filing bankruptcy has no legal effect. Paying an attorney to file bankruptcy for you has no legal effect. Your creditors are free to continue to call you, sue you, garnish you and pursue any remedy they may have to collect the debt. The only thing that has a legal effect is actually filing bankruptcy. Once you actually file, the automatic stay of § 362 comes into being and your creditors, subject to some exceptions, are stayed from further collection efforts.

[AngelinaCatHub]

Right on Bklawyer, but to add one thing: Tipping off creditors prematurely (and you must have that docket number in hand) may trigger them into hyper-speed to go forth and attempt a Judgment. That will work against any bker as it is more trouble and could cause some financial hassles. When telling a creditor you HAVE filed, give them the docket number as some of them will cut you off before you do so they can come back again. Of course that violates the stay so in some cases slip it in fast. They record you mostly all the time, so tell them you record everyone. My advice is to keep a low profile, don't tip your hand before you have that info in hand. 'Hub

[tobee43]

45 days from filing chapter 7, when creditors call I tell them that I have retained an attorney to handle my credit issues and then I try to give them his name and number. They refuse to take the information. None of them will take it unless I tell them if I filing BR. They tell me that they will continue to call.

Why is it not OK to tell them that I'm filing BR ?

as msbklawyer says...it means a hill of beans without a docket number. (which means you have actually filed with the court), these creditors are on you like peanut butter on jelly...(my attempt at being polite). so they could care less you have an atty.

the same thing happened to me, my atty said just pass on my info..and actually my atty even wrote them ALL letters...(we new we were holding off the filing for at least a few more months at that point), but attempting to hold off any suits. when i told the creditors they could care less....until we filed and i gave them the docket number and said don't call here again or i will report you to the ftc. end of story!

you just need to be patient and maybe STOP answering the calls for now. or put them on "block".

[McMark]

We didn't answer any calls for almost 3 full months, and not a single one put a past due on my credit report. My wifes cc's all reported hers past due a week after she missed her payments. We were getting over 50 calls a day. The day after we filed, I answered each call and gave our case number, and the day after that, not a single call. Silence is golden.

We didn't answer as I figured it was best not to tip them off to what was coming. I know a few people in collections, and know they consider being told of a plan to file a threat to get them to stop calling, wheras if you have a case number, its a done deal and they just stop.

Good luck and may all go smoothly in your filing.

[Hlc]

Thanks for all the help and answers.

[MSbklawyer]

Right on Bklawyer, but to add one thing: Tipping off creditors prematurely (and you must have that docket number in hand) may trigger them into hyper-speed to go forth and attempt a Judgment.

Truedat, to use some Cajun lingo on you. (I spent the better part of the day yesterday in Louisiana ). Sometimes, though, an aggressive creditor is the best thing there is to prompt people to go ahead and do what needs to be done. People, understandably, don't want to dive off head first into the unknown waters that are a bankruptcy. They walk around it, stick a toe in it, wade in ankle deep, skip a few rocks, etc. ; assure themselves over and over and over and over again, that the water is warm and safe. And no matter how much reassurance you give them, they still want to think about it some more.

All other things being the same, the scene changes considerably when a big, hungry cat (in the form of a creditor with a writ of wage garnishment) is on their heels. Entry into the "water" is swift, immediate and with a sense of urgency; and without the slightest regard to the depth or warmth thereof.

[tobee43]

Bklawyer: All other things being the same, the scene changes considerably when a big, hungry cat (in the form of a creditor with a writ of wage garnishment) is on their heels. Entry into the "water" is swift, immediate and with a sense of urgency; and without the slightest regard to the depth or warmth thereof.

that sounds about as scary has a haunting or a very bad, nasty nightmare.....or daymare....i'm visualizing BIG UGLY DIRTY CATS and SCALY STINKY SHARKS....

[platter]

One of the attorneys I had a consultation with told me that she has clients that have come to her and even before hiring her she lets them tell the creditors they can call her office and her office tells the creditor that they're getting the client is in the process of getting all their paperwork together. (I was told they began the bankruptsy about 7 months ago as an additional service to clients so I don't think they had that many clients.)

I thought to myself, as green as I was, "So what good does that actually do?" I thought the same as in the comments above, I didn't want to tip the creditors off about this ahead of time! It's the actual filing that counts.

[tobee43]

One of the attorneys I had a consultation with told me that she has clients that have come to her and even before hiring her she lets them tell the creditors they can call her office and her office tells the creditor that they're getting the client is in the process of getting all their paperwork together. (I was told they began the bankruptsy about 7 months ago as an additional service to clients so I don't think they had that many clients.)

I thought to myself, as green as I was, "So what good does that actually do?" I thought the same as in the comments above, I didn't want to tip the creditors off about this ahead of time! It's the actual filing that counts.

exactly...we moved...left the state...had an unlisted phone number and kept it as deeply covered as possible until the actual filing.

our atty was attempting to be "nice" in case were felt stressed out about the calls...the firm didn't really know us yet...ONE , whom, shall remain nameless.....rather enjoyed toying with the creditors...i would actually feel sorry for them by the time he got through with them!!! LOL!!! i think he missed their calls once we moved...he was lonely...

the LESS anyone knows about you and yours the LESS they have to hurt you with...that's what i live by.

[AngelinaCatHub]

Truedat, to use some Cajun lingo on you. (I spent the better part of the day yesterday in Louisiana ). Sometimes, though, an aggressive creditor is the best thing there is to prompt people to go ahead and do what needs to be done. People, understandably, don't want to dive off head first into the unknown waters that are a bankruptcy. They walk around it, stick a toe in it, wade in ankle deep, skip a few rocks, etc. ; assure themselves over and over and over and over again, that the water is warm and safe. And no matter how much reassurance you give them, they still want to think about it some more.

All other things being the same, the scene changes considerably when a big, hungry cat (in the form of a creditor with a writ of wage garnishment) is on their heels. Entry into the "water" is swift, immediate and with a sense of urgency; and without the slightest regard to the depth or warmth thereof.

LOL.

that sounds about as scary has a haunting or a very bad, nasty nightmare.....or daymare....i'm visualizing BIG UGLY DIRTY CATS and SCALY STINKY SHARKS....

HEY! Watch that 'cat' thang.

Oh and "STINKY SHARKS"? Bklawyer, what's your take on THAT remark?

Getting a little personal? LOLOL

[tobee43]

LOL.



HEY! Watch that 'cat' thang.

Oh and "STINKY SHARKS"? Bklawyer, what's your take on THAT remark?

Getting a little personal? LOLOL

nope! even tho we know the shark refers to an actual REAL shark...or...ok...maybe NOT??? a little play on words just can't get by you hub....

i love cats...used to breed them and kids...LOL!!! like the cats much better..

[AngelinaCatHub]

nope! even tho we know the shark refers to an actual REAL shark...or...ok...maybe NOT??? a little play on words just can't get by you hub....

i love cats...used to breed them and kids...LOL!!! like the cats much better..

A heck of a lot cheaper and rarely talk back. Eat less too.




EDIT: Mrs. C said to add, baby sitting Yorkshire Terrier for god-daughter. Hub, introducing "Yorkie" to "Hoppy" our young female cat, on pillow. Yorkie on right, cat on left, Hub in middle, injury across "Hubface".

[LadyInTheRed]

LOL.



Oh and "STINKY SHARKS"? Bklawyer, what's your take on THAT remark?

Getting a little personal? LOLOL

LOL. I used to work for a lawyer who shared a suite with a bankruptcy attorney. He had a client who was a painter and couldn't afford to pay his fee, so he offered him a painting instead. It was a 6 foot tall, 8 foot long somewhat abstract painting of a shark. With the permission of my boss, he hung it proudly in the reception area.

[tobee43]

LOL. I used to work for a lawyer who shared a suite with a bankruptcy attorney. He had a client who was a painter and couldn't afford to pay his fee, so he offered him a painting instead. It was a 6 foot tall, 8 foot long somewhat abstract painting of a shark. With the permission of my boss, he hung it proudly in the reception area.

no way?? LOL.....GREAT addy ladyinred!!!!! LOVE IT!