Creditor calls after informing of BK

By law they can continue to call until they you can give them a case number. Once a case number has been issued the attorney will notify all the creditors included in the bankruptcy. It usually takes about 2 weeks for the calls to stop. However, if you pick up the phone and give them the case number and the call back again after that then they get in trouble.

Actually they have to stop calling you they know an attorney is representing you, not the actual filing. Once the attorney is under retainer, give them his number...let him deal with it.

That may be an FDCPA law as to CA's, but until a creditor receives a restraining order (or an actual case# filed with the court) they can keep calling.

Quite honestly, when my debtors want to give me their attorney's phone # and tell me to call, I tell them I don't want or need it, it's not my job to call attorneys. Their attorney is getting paid to do a job, and their attorney can call me if s/he likes.

Thanks all. Well when I told them I was filing soon the first thing they each asked for is the attorney name and phone number and what chapter I was filing, I did not even offer it first. So they may not feel the same as you on that one Debtcruncher.

Sorry I'm not trying to be mean. I just don't care to call bankruptcy attorneys because they 1) make me wait on hold for 20 mins, 2) give me a bad attitude just because I happen to be a creditor, and 3) won't tell me anything other than "yes we will be filing bankruptcy for the debtor" -- but they won't give me an estimate how long it will take them to file. So basically I spend 21 minutes on the phone to end up with no more information than I had to begin with. I stopped calling BK attorneys 4 years ago.

No apologies necessary. I didn't take it as you being mean. I hear ya though.

Debt Cruncher, this is probably a dumb question, however why would creditors call your attorney anyway? I mean, if you say your filling, wouldn't they just wait to hear from the court? What can the creditor do with just speaking to the attorney? I've always wondered that.

Imale, I don't they are calling. I think they just ask to see if I was lying. But I had is name number and address at hand ready to give it to them.

I guess some people tell them that they are filing bk to get them off their backs a little and buy some time.

lmale - darottn1 basically hit it on the head.

As a creditor, you'd be surprised how many people tell you they are about to (or have already) filed bankruptcy, but are either lying or never follow through with the threat.

The purpose of a creditor calling the attorney is more or less just to make sure the debtor has actually retained them, and not just giving BS to stop the collection calls.

You'd also be surprised how many people "retain" a BK attorney by giving a $100 down payment or so. Then after the BK attorney sends out notices to the creditor etc, they stop paying the BK attorney, and so he never files the case for them.

For that reason, we usually set a tickler for about 6 months from the time a debtor tells us they're filing bankruptcy. If they haven't actually filed their case within 6 months, we usually send it to our attorney for suit. Many times we can go in and get a judgment, wage, and get the account paid off before they have a chance to file.

I see, this makes perfect sense I guess I'm to trusting of people, I would not have thought of "just telling them" I was filing and then not doing it. Thanks

I've had collection agencies send me letters about a debt that they bought from another collection agency over a year after my bk was discharged. All I do is call them up, and give them the account number. When they ask how would I like to pay, I tell them that I have a discharged bk as of xxx date, and would they like the case number.

That's the end of that!