MaryD373

Once you retain an attorney, can collectors still contact you?

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Went to see an attorney today and paid them - will be finishing up chapter 13 paperwork next week in their office and then filing. I have not been answering my phone (debt collectors). Should I still avoid the phone until paperwork is filed next week or can I just answer and tell them I have retained an attorney and am currently in the process of filing BK? I forgot to ask my attorney - guess I was too nervous. Thank you.

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All contact regarding your case should be directed towards your attorney from now on. Don't be afraid to tell your creditors that you are represented by counsel. Be prepared to give them his contact info. They don't know you have an attorney until someone tells them.

If they continue to harass you after they have your attorney's info, make sure you let him (or her) know this.

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Thanks for the information. This website gave me the information I needed to know how to best tackle our situation. Everyone has been so helpful and I feel I have gained a sense of empowerment in our lives because of the info. on this site. Thank you again.:-)

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Yep, when I filed, right away my attorney gave me his card with a phone # on it & told me to give every creditor/collector this phone number. After I gave all my creditors this phone #, they never called me again.

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I thought that the attorney's have to wait 90 days to actually file. Can you give the creditors the lawyers info after you initially retain them.

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I thought that the attorney's have to wait 90 days to actually file.

Whatever gave you that idea ?? It's incorrect.

Can you give the creditors the lawyers info after you initially retain them.
Absolutely.

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I believe that the 90days applies to credit card usage. Since I had credit card usage the day before retaining the attorney they told me to wait 90 days.

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On your credit card usage - you just don't want it to look like you knew you where going to file, and decided to take advantage and ran up your balances. You CAN use your cards if you really want to - but it's probably best not to. You don't want to raise any red flags and make the trustee look any harder at your case then nessasary.

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Do you have to no credit card usage for 90days prior to filling?

You could use your credit cards during the 90 days prior to filing, but then creditors could more easily object to the discharge of that part of your debt. The point being that you cannot max out the credit cards one day and file bankruptcy the next !

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Thanks for all or your responces. I can say that I did go to Nordstroms and purchase a handbag and then I was advised to stop paying by lawyer. Therefore after purchasing handbag I will not be making a payment. Should I return the handbag?

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Buying an expensive handbag at Nordstroms is NOT a necessary expense, and the creditor could easily object to the discharge of that amount. Even waiting the 90 days, they might still object. If you'd spent the money on groceries, dental work, or even car repairs, there would be no problem.

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Ok, I'm thinking that I better take it back. To be honest with you everthing that I purchased from Nordstroms was not necessary. They could object to the whole thing. I used it for emotional spending. I also used my firestone card but that was for tires that were extrememly necessary and my state inspection.

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