Legal Question in Bankruptcy in Florida

Notifying Collectors

I have aprox 35K in credit card debt (two cards), hospital bill ($500). ... I hit a bad stretch on the job front and have had to resort to telemarketing just to make ends meet. ... Anyway, the two credit card debts have been sold to agencies/law firms (I have been unable to make payments since last Oct). ... I should have enough funds saved up in the next month-to-six weeks to file Chapter 7.

My question is: I get several calls a week from the collection agencies. Should I tell them that I plan to file Chapter 7 shortly? If so, what kind of reaction can I expect from them?

PS: Outside of my 11-year old car, I don't have any assets.

Thank you.


Asked on 6/26/04, 2:12 am

2 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Notifying Collectors

There is no real purpose served by telling them of you plans. In fact it could have a negative impact.

Prior to filing you should consult with counsel and review your financial picture. My office charges more than the prior quote. Nonetheless, we would be pleased to assist you.

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Answered on 6/26/04, 10:37 pm
Carol Lawson Carol A. Lawson, PA

Re: Notifying Collectors

Tell them you are planning to file chapter 7. They will however, continue to call you. Once you retain an attorney give them the attorneys name & number, your creditors will then call them until the bankruptcy is filed. After filing the creditors are not allwed to call you pursuant to section 362 of the US Bankruptcy code, know as the automatic stay.

A chapter 7 runs $600 and the filing fee is $209.00. Most attorneys will give you a free consultation. We have offices in Tampa, & Pinellas. You may contact us at 813/977-7550 or 727/733-0267.

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Answered on 6/26/04, 11:20 am


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