Important Information

 

STOPPING BILL COLLECTORS:

If you have fallen behind on bills and debts, there is a good chance that you are receiving telephone calls from bill collectors. Many of these collectors often go beyond the scope of what the law allows them to say, to the point of being abusive and making false threats.

However, once you retain a lawyer to represent you in a bankruptcy proceeding, and once these bill collectors are told the name and telephone number of your lawyer, they CANNOT contact you any longer. That is the law.

If you have retained me to represent you, let these bill collectors know this. Tell them my name and phone number and wish them a good day. End of conversation! Any more time spent on the telephone with them will only hurt you and raise your blood pressure, to boot. If one or more of them should persist in calling you, and this is generally not the case, ask them for their name and telephone number and then contact my office.

 

MONEY ON DEPOSIT WITH A CREDITOR:

If you have money on deposit with a bank or credit union and you have an outstanding loan or credit card balance with that bank or credit union, before you file bankruptcy you should withdraw the money on deposit and stop any direct deposit into the account, because after you file they will be allowed to take any money on deposit and apply it to the amount owed to them.

 

UTILITY ARREARS:

If you are owing a large amount on a current utility bill (gas, electric, telephone), we can list this debt in your bankruptcy petition and this bill will be eliminated and service WILL continue. However, if you want the utility service to continue in your name, the utility company will require that you post a security deposit within no more than 40 days of filing your petition. The amount of the security deposit is determined by adding together the two largest months of usage over the past twelve months.

If you are not owing a large amount but want to continue this service in your name, it may be better to not list the utility debt in your bankruptcy, and instead pay-off the bill in installments. The utility company must give you time to pay the overdue amount. This installment option must be offered at least five days before any shut-off and the payment plan must be fair.

 

CO-SIGNED LOANS:

You may have obtained a loan where another person co-signed and obligated themselves on this account with you. If you have such a loan and we put it on your bankruptcy petition, it will be discharged, but this other person will remain obligated on this loan and may be pursued by the loan company. Let me know if you have such a loan and it is a problem in your case.