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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 01-07-2003, 10:55 AM
KatesMom
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To Ladynred


What is the name of your state? AZ

Hello! I am definitely going to have to file Chapter 7, due to my son's illness and my husband was injured and cannot work for the time being. A friend of mine advised me to hold off on filing, until after I receive my tax return. I am planning on filing the first week in February.

My question is, in the meantime, should I continue to pay on my credit cards? I made an arrangement with one of the companies that I am supposed to make a payment today, so I am wondering what I should do.

This is all new to me, so I appreciate any help/advice you can give me!

Thanks.
  #2  
Old 01-07-2003, 11:37 AM
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Join Date: Feb 2002
Location: Nashville,TN
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If you are absolutley certain you are going to file for BK, then I wouldn't bother paying on your credit cards. Use the money for necessities and to pay your attorney (best idea). The creditors will get ugly, but if you're going to file in Feb, they'll only resort to nastygrams for overdue payments. The creditor you made the arrangement with won't like it, but I wouldn't waste the money on them. Whatever you do, do NOT tell them you're filing for BK, the may not believe you anyway.
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"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 01-07-2003, 12:10 PM
KatesMom
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Ladynred, thanks so much for your help!

So what your saying is that I shouldn't tell the creditors I am GOING to file bk...just wait til I have filed and then tell them? Just out of curiousity, what action would they take?

Between now and the time I file, they won't have enough time to freeze my account, will they? Don't they usually send accounts to a collection agency before they sue or freeze bank accounts?

Thanks again!!
  #4  
Old 01-07-2003, 02:35 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
They have to sue before they can do anything to your bank account, and if you are going to file in Feb, you'll only be 1 or 2 payments behind. It takes 6 months before they charge-off the account, THEN send it to a collection agency or sue.

No, don't tell them you're filing. They'll find out soon enough when they get their notices from the BK court. IF they call you after that, then you give them your BK case number and a lawyers name & number for them to call, since them contacting you after you've filed is a violation of the automatic stay.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #5  
Old 01-07-2003, 06:32 PM
KatesMom
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Thanks, once again! I really appreciate you taking the time to help!
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