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  #1  
Old 08-17-2003, 03:15 PM
canon
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file soon or else

What is the name of your state? kansas about 3 wks ago I informed bank one that I had retained an attorney and was going to file chapter 7. In those last 3 weeks I have been recovering from major surgery for prostate cancer, not that they should care, and have not yet put all the info together for the lawyer. Today I got a letter stating that since they have not heard from me of my lawyer they were going to begin collection activity in another week. Of course I am going to get the ball rolling so I can file and get this other nightmare over with but is there a time limit ?
  #2  
Old 08-17-2003, 03:18 PM
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Location: Los Angeles, California
Posts: 38,191

Re: file soon or else

Quote:
Originally posted by canon
What is the name of your state? kansas about 3 wks ago I informed bank one that I had retained an attorney and was going to file chapter 7. In those last 3 weeks I have been recovering from major surgery for prostate cancer, not that they should care, and have not yet put all the info together for the lawyer. Today I got a letter stating that since they have not heard from me of my lawyer they were going to begin collection activity in another week. Of course I am going to get the ball rolling so I can file and get this other nightmare over with but is there a time limit ?

My response:

Time limit for what?

IAAL
  #3  
Old 08-17-2003, 03:31 PM
canon
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file soon or else

kansas...is there a time limit between the time I tell them I am going to file chapter 7 and when I do file chapter 7 before bank one can begin collection activity....
  #4  
Old 08-17-2003, 03:48 PM
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Location: Los Angeles, California
Posts: 38,191

Re: file soon or else

Quote:
Originally posted by canon
kansas...is there a time limit between the time I tell them I am going to file chapter 7 and when I do file chapter 7 before bank one can begin collection activity....

My response:

No. "Telling" a creditor of your intentions does nothing for you, nor stops anything they might do to collect their money. They can begin collection activities, or serve you with a lawsuit, at any time they choose.

The only thing that can "stop" them is being served with a notice of your pending bankruptcy. When you file federal Bankruptcy, an automatic "stay" occurs, requiring all creditors to discontinue collection activities, including lawsuits.

IAAL
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