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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I have almost finished filing for Bankruptcy my attorney is

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I have almost finished filing for Bankruptcy my attorney is waiting for copies of my 2008 and 2009 tax returns. I received a delivered notice form one of my debtors suing me in civil court and asking me to show up there. I called the debtor and spoke to them I told them about my bankruptcy case and that I am receiving social security disability. The representative from the law firm wanted to settle this debt and asked me how much I could pay. I gave her the amount and all of my attorneys information. My attorney faxed them a retention letter. I then received a phone call from the debt collectors asking if I would fill out a questionnaire I said yes. They emailed me the questionnaire and it is a legal document asking me personal questions about the rent I pay landlords address and phone number, whether or not I have a bank account and whether or not I own any property. There are other personal questions as well. The representative told me that after I fill out this questionnaire she would get back to me on whether or not they will accept my settlement. Do I need to fill this questionnaire/legal document out since they already have a retention letter from my attorney?

WebLaw :

*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*

WebLaw :



So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

You should not have any contact with the creditor at all. Typically your bankruptcy would discharge any unsecured debt that you may have including a judgment.

WebLaw :


Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.

Customer:

So your answer is that I should not have any contact with the creditor?? is that right and should not fill out this questionnaire??

Customer:

I am just curious as to why they are asking me to fill out this questionnaire. Sounds like they have a hidden agenda?? If so what coul dthat Be?

WebLaw :

yes -- you should not fill out any questionnaire unless your attorney specifically advises you to do so. Completing the questionnaire and/or having discussions with the creditor prior to filing bankruptcy cannot have a positive impact.

WebLaw :

They want you to fill out the questionnaire to see if there is a discrepancy with the information filed by your attorney in the bankruptcy.

Customer:

okay thank-you :)

WebLaw :

they will try to use the questionnaire to discredit you

WebLaw :

It has been my pleasure to work with you

Thank you in advance for remembering to click accept. If you experience difficulty using the accept button, please let me know as JustAnswer pays me for my time only if the "accept" registers..

Please let me know if I can assist you in the future by requesting me directly.

Ellen and 4 other Bankruptcy Law Specialists are ready to help you