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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
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My attorney told me to close mybank account since i will be

Customer Question

My attorney told me to close mybank account since i will be filing bankruptcy. I have a collection agency threathening me with civil and criminal charges if i dont pay . I asked them for validation of the loan since the collection agency did not show up on my credit report. I also offered my attorney's contact info and they refused that also and hung up on me. I have been in contact with my attorney and he tells me not to worry since i will be filing bankruptcy but im still worried. They drafted a settlement contract which i unfortunately electronically signed but this was before i spoke with my attorney. now im not sure what i can do.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 5 years ago.
Over 33 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. I agree wtih your attorney. That is, as long as the debt will be listed, you do not need to respond to the collection agency. Likewise, even if you signed a settlement agreement, the filing of the BK supersedes the settlement agreement and therefore you cannot be held to the terms of the agreement as the BK also wipes out the agreement. but do follow up with your attorney to make sure your BK petiton is being processed. Likewise, once you have a case number, you should call the agency and give them the number so that they will stop calling you.

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