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filing bk

Submitted by on Sun, 07/26/2009 - 10:32
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I'M late on all my credit cards i want to file bk the calls are all the time from 9 to 9 everyday i have no other option . my question i have hired an attorney he won't file until i can pay him in full it will take 2 months to pay him . can the crediters ,and will they do anything else while i wait to file bk.


Are you sure BK is the best option for you? Yes, the harassment isn't pleasant but IMO that's not a very good reason to file BK. A better question to ask is, what is the worst thing creditors can do to you? Sue you and take what? Are you judgment proof? Do you have wages they can garnish? Property they can take (note that state laws have exemptions such they can't take everything you have).

As for the harassment, why not just take the phone off the hook and buy a cheap pre-paid cell phone and give that number to the people you want to talk to.

I doubt that the creditors will sue you in 2 months. And if they do, answer the summons, as that will buy more time.


Submitted by on Sun, 07/26/2009 - 12:33

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Your attorney should have told you to tell your creditors to call him instead. As for what they can do to do, they will probably sell your debt to a collection agency first, or if they do sue you, your attorney can advise you what to do. As soon as you do file, a stay will be in place for any legal action against you.


Submitted by amyw2003 on Sun, 07/26/2009 - 13:02

amyw2003

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They can still use any legal remedies for collection until the petition is actually filed. If you tell your creditors that you are represented by an attorney, then they should be contacting him instead of you. Even if they call, just keep rpeating "call my attorney". They will get the hint that you are not going to talk to them quick enough. More than likely they will try very hard to collect. If they know you have an attorney on retainer, they know you are serious. They are not going to be too inclined to put resources into trying to collect a debt that they know will probably be discharged. They want to call people they can get something out of. I have gotten almost no calls since I hired my attorney. The ones I have gotten are when the bill went to a new collection agency. Gave them the attorney's number, and they stopped. If it goes too long they may try to sue and get a judgement and wage garnishment or bank levy before you can file, but that would probably be at least a year before they do this.


Submitted by southernapostolic on Sun, 07/26/2009 - 13:50

southernapostolic

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