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At what point can I tell creditors that I am filing?


rabbit
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If I file chapter 7 in January it will take me about 6 months to pay all the fees and attorney charges. When can I tell the CA's, etc. that I am filing, or should't I tell them at all..? According to an attorney I talked with, Nothing gets done until all the fees are paid; $1850.00

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If I file chapter 7 in January it will take me about 6 months to pay all the fees and attorney charges. When can I tell the CA's, etc. that I am filing, or should't I tell them at all..? According to an attorney I talked with, Nothing gets done until all the fees are paid; $1850.00

Your obligation to (pesonally) inform your creditors ends the minute you hire an attorney. At that point your out of the loop.

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If I file chapter 7 in January it will take me about 6 months to pay all the fees and attorney charges. When can I tell the CA's, etc. that I am filing, or should't I tell them at all..? According to an attorney I talked with, Nothing gets done until all the fees are paid; $1850.00

That is between you and your attorney, but if a creditor calls in the meantime, you might ask your attorney if you can tell the caller you have retained the services of an attorney to file BK, and refer callers to them. You can always shop for other lawyers too. I went to three before I found one i "clicked" with.

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Your obligation to (pesonally) inform your creditors ends the minute you hire an attorney. At that point your out of the loop.

Does this stop any actions the creditors might take, or does it make them scurry to find whatever they can? Thank you, hope your turkey day is a good one...rabbit

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$1850!! That is OUTRAGEOUS!! What CH are you filing? I paid $750 in 05 in CT.
The BK Bill made filing much more expensive. There is now more to it for the attorney plus risk of attorney liability in certain cases that is now priced in.

In '04, my BK was $420 plus $180 filing fee ($600 for everything). The only thing I paid during my first visit was the filing fee, with all attorney's fees due before my 341 date.

Even so, $1800 may be a little steep. Or the attorney could allow payment in installments.

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In '05 when I filed BK CH7 the BK every attorney required full payment prior to submission for a case number. Basically, they would not file until the fee was paid in full. I was told that I should not inform any creditors that I was going the BK7 route until I had a case number. Once I had a case number I just provided that and my attorney's number to each creditor if and when they called or sent a bill , and never had an issue. Without the case number you have no standing with the creditor, and probably do not want to 'claim' you are filing BK until you have actually done so IMHO.

We ended up having to go to the District Court after filing as the Trustee had several questions regarding the filing and my petition. This delayed the process several months and increased the costs due to the attorney having to go to court. The attorney did allow me to make payments over 12 months as this was not expected by either of us. Even though I filed in early Oct, the discharge was not issued until March 06.

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Does this stop any actions the creditors might take, or does it make them scurry to find whatever they can?

No, it stops NOTHING. The ONLY thing that stops them is the automatic stay after your petition actually gets FILED. You should be able to direct them to your attorney though, since you HAVE retained a lawyer.

That $1850 is not at all unusual any more under the new law. I paid 1/3 of that when I filed in 2005, gone are those days.

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