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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 01-08-2003, 06:06 PM
gonebroke
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Red face

what is the best way to handle creditors


What is the name of your state? Wisconsin

We have recently started the filing of Chapter 7 with a bankruptcy attorney.

We just sent the attorney the book of forms to fill out with list of creditors, account numbers, amounts due on each account, etc.

How long does it usually take from the time they receive this info to contact the creditors? Our phone is driving me crazy and I am a little embarrassed to say that many times I just don't answer the phone because I just can't handle it anymore. It is so humiliating, embarassing to go through this anyway, but to have to be subjected to their rudeness on a daily basis is more than I can take.

I wish we had understood the option to hand our home back over to the lender too. It looks like this would have been a better route to go.

Having dreams of living on the streets
  #2  
Old 01-08-2003, 07:12 PM
mikenang22
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Anyone who called us after we filed we just told them that we've filed bankruptcy and that they need to contact our attorney and gave them the name and phone number of the attorney. They usually asked for our case number but we didn't have that for awhile after we filed so we just told them that we didn't have that but they could contact our attorney.
  #3  
Old 01-08-2003, 08:49 PM
dorenephilpot
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One way to ease the call situation is to tell anyone who calls that you intend to file for bankruptcy protection, and although it hasn't yet been filed, it will be within a matter of days, and give them your attorney's name and number.

They'll usually say, "Oh, damn," to themselves, and they'll call the attorney to verify. Once the attorney verifies, it's not worth their time to continue to harass you. They'll go after an account that they think is worth spending their time on.

There's no legal prohibition on their calls to you until the BK is filed, but as a practical matter, they'll tend to leave you alone, as long as you're not bluffing about having hired an attorney.

So, that should help you reduce the calls.

Also, as an additional tidbit: Whether you file for BK protection or not, you can ALWAYS tell a creditor who calls you at work to never call you at work again, and they must comply with that request.

Hope this information helps.
  #4  
Old 01-08-2003, 08:53 PM
gonebroke
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Thank you, I will start telling them that we are filing and give them the attorney number. I wasn't sure if I could do this without the file number (case number).

Thanks for your help.
  #5  
Old 01-09-2003, 11:13 PM
srhng
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I filed last year after being layed off from work. The receptionist there tells me that creditors are still calling them and harassing them about my whereabouts.

I think its poetic justice that the guys who drove me to bankruptcy are still being harrassed by my creditors while I am free and clear of them.

I thought that when they got notified by my filing the phone calls stop. But it took telling each of them to get lost and giving them my lawyers number for them to stop calling. Since not all of them knew my home number some are still trying to reach me at the workplace that layed me off.

Is it my responsibility to let them know I listed them and they are discharged? Or should I let them continue to harass my ex employer? I think its pretty funny.
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