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Wednesday, February 15, 2012

What should I tell my creditors???

I get this a lot...potential clients come in...we have a chat...they leave...then they contact me once they've decided to file a bankruptcy case and they are wondering what they should tell those collectors that are constantly calling them. Here's the answer....

As far as what info to give to creditors....once you've retained us you can let them know you are filing a bankruptcy case and that you've retained an attorney and then give them my name and tel. no. and that is really all you have to tell them. Legally they don't have to stop trying to collect from you because you've hired an attorney. However, if they call here and we verify you've hired us to file a case for you they will leave you alone as long as the case gets filed within a reasonable period of time. Once the case is actually filed then that provision of the bankruptcy code known as the automatic stay arises and then they "legally" have to stop any collection activity or face sanctions from the court. The cite to that provision would be 11 USC 362 of the United States Bankruptcy Code.

If you have questions about Chapter 13 or Chapter 7 bankrutpcy for either personal or business we can help you find the answers you need at the Kingsbury Law Office. Bankruptcy cases are all that we do.

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  1. Right, hiring a lawyer should give you refuge from the creditors’ questions and requests. Also, part of the advantages of filing a chapter 7 bankruptcy is that there is no minimum amount of debt needed. There is a very good chance of having your claim discharged within 4 – 6 months. While, on chapter 13, the debtors can prevent their homes’ foreclosures. Debtors can also reschedule their secured debts which has the possibility of lowering the payment.

    Lance Simonetti

  2. Credit collectors who continuously give you harassing phone calls and emails can disrupt your personal life. They usually won’t stop unless you tell them you hired a lawyer and filed for bankruptcy. If they still don’t stop harassing you, you have legal rights that will protect you against creditors harassing you.

    -.Louisa Matsuura

  3. This is one of the biggest advantages of having an attorney when you file for bankruptcy. It will keep creditors from giving harassing phone calls and letters. But when you file for bankruptcy and hire an attorney, make sure that you also pay the collectors on the desired date you promised to pay.

    >Cade Culpepper