Help with debt collector as I intend to file bankruptcy

Have you checked the papers with AMO Recoveries if their collection is legal? You will not want to file bankruptcy because of some company that doesn't have your file!

Another option will be to contact the creditor and propose a payment plan.

Once you provide an attorneys name they will have to leave you alone. Bankruptcy puts you in a stay where creditors cannot talk to you. Best Wishes Kyside38

I was still getting several calls from my creditors before my bankruptcy was filed. I just gave them the name and number of my attorney and they didn't really call anymore. They really stopped completely after I have a file number to provide.

I believe a debt collector can still continue to call even if you provide them with an attorney's name that you have retained. Even though you have retained an attorney, you can tell the debt collector that, but they will continue to call until your attorney actually files the bankruptcy case in court and has a case #.

1) A stay of collection is not in force until the bankrupcty has been filed in the court and there is a court case #. Simply retaining an attorney does not create the stay; the attorney has to actually file.

2) However, the fdcpa says a debt collector may not contact you if they know you are represented by an attorney. Once you give them you bankruptcy attorney's information, that should be about it.

I have seen this, though: bankruptcy lawyers often agree to represent a person, but will not file until they get paid. They might give the debtor several installment payments, which can mean it will be 3-6 months before they actually go file the case. If a creditor knows it will be that long before the attorney files, they might try to sneak in and get a judgment before the BK goes through.

DebtCruncher--

If the creditor gets a judgement before the filing of the bankruptcy case, can the judgement be included in the bankruptcy?

I think in a 7, it creates more of a leverage for the creditor to try to keep it from being discharged. They might try to argue to the judge that "there really is no hardship here, they just went bankrupt because I sued them." Ultimately it would be up to the judge.

I think in a 13, the judgment acts as a priority claim, which means it would be paid first before the other unsecured creditors.

I would agree on them trying to get the judge to believe the only reason you filed was because of the judgment IF that was all you had to file on. But if you have alot of other debt besides the judgment i wouldnt see wher that would really matter. Thats just my personal opinion and I'm no attourney.And most attourneys you would talk to would tell you could file on judgments.

Yeah I guess I didn't specifically answer the question brownsugar. You can include judgments in a BK, and most of the time they are treated no differently than any other debt.