Can I hurt the outcome of my bankruptcy by calling creditors to ask for payoff amounts prior to my court date?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I hurt the outcome of my bankruptcy by calling creditors to ask for payoff amounts prior to my court date?

My bankruptcy is filed (Chapter 7). There is a case number and court date set. My husband and I are filing together. I want to call all my creditors and ask what the bottom line pay off is – the idea being that if all “bottom line payoffs” add up to something I can borrow from a friend and pay back maybe I can avoid the bankruptcy. If I make those phone calls and the total is still something I cannot come up with, is there any way that having made those calls could be held against me in the bankruptcy?

Asked on August 12, 2010 under Bankruptcy Law, South Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Alt6hough it should not have any impact on your case to contact the creditors, it isn't necessary.  The reason it isn't necessary is that the creditors may appear at the hearing and make offers of reaffirmation of your debt.  Those offers by the creditors will have better terms than your current payments.  You can accept or reject those offers.  Reaffirming a debt means that you are agreeing to continue to make payments.  Your bankruptcy documents should indicate whether or not you are reaffirming any of your debts including the name of the creditor, amount owed, etc.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption