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Creditor actions prior to filing

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Tomew2000
Regular Contributor

Creditor actions prior to filing

First, thanks to all who have read my plethora of questions.  I also hope what I've shared from my research has helped someone here.  It's a great forum

   Now, my question.  I'll have to wait for 6 months after losing my income to file. Ch7  So, there could be a lag of 7-9 months before I can pull the trigger.  If I stop paying bills, as all the attorneys I've conferred with suggest, some of those creditors will be 7-9 months without payment. If I understand correctly, if they start serious action during that time, I'm to tell them I'm filing ch7 , and refer them to the attorney.  Does that actually work?  Any one have experience here?

Message 1 of 14
13 REPLIES 13
Jnbmom
Credit Mentor

Re: Creditor actions prior to filing


@Tomew2000 wrote:

First, thanks to all who have read my plethora of questions.  I also hope what I've shared from my research has helped someone here.  It's a great forum

   Now, my question.  I'll have to wait for 6 months after losing my income to file. Ch7  So, there could be a lag of 7-9 months before I can pull the trigger.  If I stop paying bills, as all the attorneys I've conferred with suggest, some of those creditors will be 7-9 months without payment. If I understand correctly, if they start serious action during that time, I'm to tell them I'm filing ch7 , and refer them to the attorney.  Does that actually work?  Any one have experience here?


Simply telling a creditor you intend to file BK really will not stop them from continuing to try to collect. They will keep calling and keep demanding payment. Anybody can say they are going to file, but until you actually file they will continue to try and get their money . However I doubt in  a 7-9 month time frame they will sue and try to garnish your wages ,  it usually goes on for quite sometime before they begin that process .

 

You will just have to dodge their calls until you can officially file .

EXP 780 EQ 791TU 795
Message 2 of 14
Tomew2000
Regular Contributor

Re: Creditor actions prior to filing

Thank you.   That's what the attorneys have told me.   At any rate, at that point I'll be just collecting social security, which no one can touch.   Just getting ready for the unthinkable!   Thanks again

Message 3 of 14
Blayzmoon
Member

Re: Creditor actions prior to filing

Speaking from my own recent personal experience (discharged Oct 26, 2020) If you intend on using credit in the future you would be best to keep paying as long as possible. I followed my attorneys advice and stopped making payments and it was a horrible idea. Now my credit report is showing 31 delinquent payments and a charge off account. I luckily managed to file before the other 3 accounts became charged off. I had over 600 on time payments prior to my husband leaving while I was at work one Friday, coming home to find him packed and gone after 19 years. Those 31 delinquent payments are huge red flags on my account now. The 616 I made on time don't negate the 31 bad payments. I wish now I had continued to pay because it has made it more difficult now to fix my financial situation than if I had not failed to pay those payments. Good luck either way!

Message 4 of 14
Tomew2000
Regular Contributor

Re: Creditor actions prior to filing

Sorry to hear that!  Interesting.  I've spoken now to 4 and each has the same advice. I'd love to hear from some of the folks here that have rebounded quickly.  I'm wondering why your case is different. 
    

Message 5 of 14
Tomew2000
Regular Contributor

Re: Creditor actions prior to filing

If I may ask, how many months did you not pay?  Just gathering information if you don't mind. Thank you

Message 6 of 14
Coffeelover2020
Established Member

Re: Creditor actions prior to filing

Hi,

 

once you have obtained your BK attorney, and paid them. They will request for you to hand over al your creditors info. Then they will do the rest- they will send out appropriate letters stating you are represented and to no further attempt to collect or contact you. If your debtor still attempts to collect they face lawsuit.

Message 7 of 14
Tomew2000
Regular Contributor

Re: Creditor actions prior to filing

Thanks.  I also read your other post.  Just wondering if you've had your hearing yet.   Did they do a deep dive into your tax records?

Message 8 of 14
Blayzmoon
Member

Re: Creditor actions prior to filing

The 3 months prior to filing.

Message 9 of 14
Tomew2000
Regular Contributor

Re: Creditor actions prior to filing

That seems really normal, based on everything I've seen/heard.   Have your scores bounced back at all?


@Blayzmoon wrote:

The 3 months prior to filing.


 

Message 10 of 14
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