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Creditor actions prior to filing

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DebtStinks
Established Contributor

Re: Creditor actions prior to filing

@Coffeelover2020 I partially agree with your comment. Yes, once you've retained (Paid) your attorney in full or down payment, you can begin referring your creditors to him/her/them and most or all calls with likely stop as long as your case is filed in a timely manner. At this point, while it's unlikely for the short term, a creditor can still file a lawsuit and continue all collection efforts UNTIL the case is filed, has a case #, etc and the automatic stay is in place.

 

This is not a scare tactic for the OP, but rather my 2 cents on the matter.

 

OP, yes you're correct in saying social security benefits are unattachable for 99.99%, but keep in mind that once funds are in a bank account and other transactions take place like deposits, etc. the funds then become undistinguished and SOME creditors with a judgment already in place may try to take those funds. Again, this is a HIGHLY unlikely scenario, but just my 2 cents worth of advice.

 

All that to say I hope your case filing and discharge go smooth.

 

Best of luck!

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Closed - PenFed $35,000 - Cap1 World Elite MC $11,200
Total CL - $115500

CH7 BK Filed 8/1/17 Discharged 11/7/17

Scores as of 2/18/21:




Inquiries Last 12 Months:
Message 11 of 14
Coffeelover2020
Established Member

Re: Creditor actions prior to filing

In my personal experience, my attorney once full payment has been made or even retained on a payment plan requested all my debtor information. He told me to stop paying, and they would send out cease letters. I've been post discharge almost two years now. He told once retained they cannot attempt to collect or face suits against them. 


@DebtStinks wrote:

@Coffeelover2020 I partially agree with your comment. Yes, once you've retained (Paid) your attorney in full or down payment, you can begin referring your creditors to him/her/them and most or all calls with likely stop as long as your case is filed in a timely manner. At this point, while it's unlikely for the short term, a creditor can still file a lawsuit and continue all collection efforts UNTIL the case is filed, has a case #, etc and the automatic stay is in place.

 

This is not a scare tactic for the OP, but rather my 2 cents on the matter.

 

OP, yes you're correct in saying social security benefits are unattachable for 99.99%, but keep in mind that once funds are in a bank account and other transactions take place like deposits, etc. the funds then become undistinguished and SOME creditors with a judgment already in place may try to take those funds. Again, this is a HIGHLY unlikely scenario, but just my 2 cents worth of advice.

 

All that to say I hope your case filing and discharge go smooth.

 

Best of luck!


 

Message 12 of 14
DebtStinks
Established Contributor

Re: Creditor actions prior to filing

I'm REALLY surprised a licensed attorney told you that you can't be sued simply by retaining an attorney. Countless consumers retain an attorney for the purpose of filing and DON'T file. If what your attorney stated is true, then what's the purpose of filing if simply paying an attorney means they can't sue you??? Doesn't make much sense, now does it?

 

I'm glad your case went well, but I'm doubting the credibility of your attorney if that is exactly how it was said to you.

 

Best of luck to the OP.

NFCU More Rewards AMEX $25000 (Opened 1/19) - NFCU Platinum $21000 (Opened 1/21) - TTCU Platinum Visa $10000 (Opened 10/18) - Discover $5500 (Opened 11/21) - Barclays View MC $5000 (Opened 1/19) - Capital One Platinum $3500 (Opened 2/19) - Capital One World Elite MC $1000 (Opened 3/21) - Target Store Card $2000 (Opened 10/18) - Floor & Decor Store Card $42500 (Opened 10/18)
Closed - PenFed $35,000 - Cap1 World Elite MC $11,200
Total CL - $115500

CH7 BK Filed 8/1/17 Discharged 11/7/17

Scores as of 2/18/21:




Inquiries Last 12 Months:
Message 13 of 14
Blayzmoon
Member

Re: Creditor actions prior to filing

My fako scores per Credit Karma are 726 Equifax, 722 Transunion. My real fico 8 scores (per Experian) are Experian 589, Equifax 655, and Transunion 576. I got a no annual fee $200 secured card from Navy Fed, $39 annual fee $300 unsecured from Credit One and yesterday was approved for an unsecured PayPal credit card with $3100 limit. Every application which was denied stated I was not approved due to both bankruptcy and poor payment history, with 31 late payments. My credit was excellent prior to bankruptcy, sitting between 735-800 for the past 20 years, never missing or paying anything late. Without all those late payments my current situation would be better IMO. Having said that, I burned Synchrony PayPal for over $11k, yet they approved me for $3100 only 5 weeks after my discharge. That seems crazy, but I'm happy they did.

Message 14 of 14
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