PROCEDURE BEFORE FILING

Handling Creditors Before Filing

If a creditor calls you after your initial appointment and payment of your retainer, tell the creditor that you have retained an attorney to file bankruptcy and give them your bankruptcy attorney's name and phone number.

After your initial consultation with your bankruptcy attorney, do not use any credit cards you intend to discharge. If you have substantial charges or cash advances within approximately six (6) months preceding filing bankruptcy the creditor may file an adversary complaint alleging that you incurred recent charges with fraudulent intent due to your inability to repay these debts. You may incur additional attorney fees to deal with adversary complaints as stated in the retainer agreement.

Debtors usually file a Chapter 13 bankruptcy to stop a foreclosure action on real property. It is important that you keep your bankruptcy attorney advised of any scheduled foreclosure sale dates. If your Petition is not filed with the Court prior to the foreclosure sale, it is then too late to save your home through a Chapter 13 bankruptcy.