Call your Bankruptcy Attorney

by Douglas Jacobs, Esq.

March 11, 2013

telephoneBefore, during and after bankruptcy, if you’ve hired an attorney to help you through the process:  use her!

The first thing that happens upon retaining (hiring) a bankruptcy attorney is that you can direct all of your creditors to call her.  They can’t speak to you if you are represented by counsel and you tell them that.  Thank heavens for the Fair Debt Collections Practices Act.

And, if you are going to file bankruptcy, it’s usually okay and often advisable, to stop paying your unsecured non-priority debts.  These are the bills that are probably going away.  Stop paying them. If you’re not sure if you should pay something or not, call your bankruptcy attorney and ask.

Once you file the paperwork for the bankruptcy, you’ll have many questions.  Speak to your attorney. She’ll know.  She’ll be able to tell you what to expect at the Creditor’s meeting.  She’ll be able to tell you what to do with the nasty bill or letter you got even though you filed bankruptcy.  Call her.

After the bankruptcy is over, ask your attorney what happens next.  And call your attorney when a creditor calls.  And always call when a creditor says you still owe them or the debt didn’t go away.

Recently, a client called me to ask if she did the right thing in having her father use his credit card to pay the creditor who called and told her she was going to jail that week if she didn’t make a payment right away!  Amazing what lies creditors can come up with and what they can get naïve debtors to believe.  We stopped the credit card charge, and I’ll deal with the creditor, but all that angst and up-set could have been avoided if the debtor had simply called her attorney!

Call your bankruptcy attorney.  That’s why you hired one.

 

image credit: plenty.r

 

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Douglas Jacobs is a California bankruptcy attorney and partner in the Chico law firm of Jacobs, Anderson, Potter & Chaplin. Since 1988, Mr. Jacobs has taught Constitutional law and Debtor-Creditor/Bankruptcy law at the Cal Northern School of Law. He has served as Dean of Students since 1994. He is a frequent lecturer on the subject of consumer bankruptcy law, and has spoken at both state and national levels.

Last modified: March 4, 2013