filing chap. 13, need help with payday lenders

No offense meant here, but if you want a second opinion on what an attorney told you the best thing to do would be to speak with another attorney, not a free internet message board, I don't think anyone here is giving out legal advice. But with that said first I would say are you sure you are filing chapter 13? Not that it really matters for our purposes but chap 13 attorneys fees are typically included in your chap 13 payments, I've never heard of having to pay for chap 13 up front. Perhaps you mean chap 7?

Anyway-not really sure what your question is but yes all places can continue to attempt to collect until you actually file BK and have BK case number. Yes if it takes you a while to get BK filed then yes in the mean time they can sue you and if they win they can garnish your wages. Then once you file the BK the garnishment will be stopped and you can include the judgement in your BK.

I believe that all states say that once you have RETAINED the atty, all collection efforts must cease. You do not need a case number, but to have only retained your counsel. DOuble check that with your atty.

Once a lawyer is paid the retainer, all collections must cease and they must call the lawyer not the debtor. This is usually good for 6 months then you have to repeat the process again if you need more time.

Yes, you the petition actually has to be filed before the automatic stay takes effect. In CH 13, you generally only have to pay the attorney a portion of this fees and the balance is paid through the ch 13 plan. I'd talk to the atty again about this if I were you. Also, since you are giving the atty most of your money, why not just give the pdls his number to explain your situation.

I am asking a "free internet message board" because I have seen tons of good advice on here and just wanted to see if anyone had been in a similar situation.

I didn't call my attorney about it because he has told me to not answer the phone when they call me, or to just give them his number. If I called him he will ask me "why did you answer the phone!?" Well I answered the phone because I am afraid of them harrasing my references. Every single one of the payday lenders has been sent a cease and desist letter I wrote with the help of this website that included his phone number.

Anyway, thanks.

The automatic stay does not go into effect until the paperwork is filed with the court. Now some lenders will, as a courtesy, stop calling once you tell them you have a lawyer but that is only going to hold them off about 30 days or so, if you don't get it filed they will start calling again.

If you have already sent the pdl's a c&d and they are still calling it sounds like they are illegal and if they are its unlikely they will obey the automatic stay anyway.

Just don't answer the phone is the best advice. I never answer the phone unless I know who's calling. If you never answer, they'll eventually stop calling.