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If I stop paying my credit cards, how long do I wait before filing chapter 13,

Tucson, AZ |

If I stop paying on my credit cards before filing chapter 13, how long do I wait before I file? I have used my credit cards up to this date. I was advised to stop using them right away, and use the money I would pay the credit card companies to live on. My wife stated she can't make the minimum payments with out using the cards.She is worried that when we stop payment, the calls will come at home and possibily work. Really don't want calls to work. We both work at the same,place, If We waited the recommended time before we file, and still pay the credit card co, but use the cards for food medicines etc would we be ok not challenged by the credit Co.

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Attorney answers 4


You seem to be asking the same question. You cannot resolve these complex issues via AVVO "chat". Email me your ph number -- -- I'll call you today

Mr. Greeves is licensed to practice law throughout the state of Arizona. His office is in Tempe. He is authorized to handle IRS matters throughout the United States. His phone number is 480-345-8100 or his email address is His website is Please note that this answer does not constitute legal advice, and should not be relied upon. Each state has different laws, every situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.


Pay attention to Attorney Greeves. He will know how the collection mills work in your state. In my neck of the woods, phone calls wouldn't start for several months after someone stopped making payments. Arizona may have laws the prevent calls at work, or that at least allow you to demand that calls not be made to your workplace.


If you're filing bankruptcy there is no reason to pay the minimum or any payment to your credit cards. You will likely begin getting calls after going ten days late. However, if you've retained an attorney you can let the creditor know you have an attorney and you are filing bankruptcy. The creditors should then go through your attorney; retaining an attorney quickly is a way to limit the collection calls you'll receive.


You don't say why you need to file a chapter 13 rather than a chapter 7. But assuming you are correct, please understand that a chapter 13 is extremely complicated for those who are not experienced - attorney and debtor alike. According to the Arizona Bankruptcy Court, less than 2% of those who are not represented in chapter 13 are successful.

To answer your questions - do not use your credit cards if you know you are going to file for bankruptcy. A creditor can call your office until you instruct them not to. Once you hire an attorney the creditors will contact the attorney to determine intention and status.

Filing for bankruptcy must be done with very careful planning. Most debtor attorneys offer free consultations. Take advantage of those to determine what chapter is the best for you. I suggest you talk to two or three before deciding which attorney will best meet your needs.

This information is provided for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the related issues. Nor is this advice intended to create a client - attorney relationship. Every individual's factual situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state or locality regarding specific information