A common question we hear is:
“I stopped paying my credit card this month. I plan to file Chapter 13 bankruptcy in about six months. Chase already started calling. I didn’t pick up. Should I tell them I’m filing bankruptcy, or just ignore the calls?”
If you’re in this situation, you’re not alone. Let’s walk through what typically happens — and what makes sense.
📞 Why They’re Calling So Fast
Credit card companies often begin collection calls quickly — sometimes within days of a missed payment.
At this stage:
- Your account is likely just past due.
- It may still be with the original creditor (not yet a collection agency).
- They are trying to get you back on track.
This is normal collection activity.
⚖️ Important: You Haven’t Filed Yet
Here’s the key point:
Until you actually file bankruptcy, there is no automatic stay.
That means creditors are legally allowed to:
- Call you
- Send letters
- Report late payments
- Charge late fees and interest
- Eventually file a lawsuit (if the debt remains unpaid long enough)
Telling them you plan to file does not stop collection.
Only filing does.
🤔 Should You Tell Them You’re Filing?
In most cases, there is no real benefit to telling them you plan to file in six months.
Why?
- It does not legally stop collection activity.
- It may trigger faster internal escalation.
- It may result in more aggressive collection efforts or earlier placement with a law firm.
Creditors know that many people say they are “thinking about bankruptcy” and never file. It typically doesn’t change their process.
📵 Should You Answer the Calls?
You have options.
You are not legally required to speak with them.
If the calls are stressful or upsetting, you can:
- Let them go to voicemail.
- Block the number.
- Request in writing that they stop calling and communicate only in writing.
Under the Fair Debt Collection Practices Act (FDCPA), third-party collectors must honor written cease-communication requests. Original creditors (like Chase) have more flexibility, but many will reduce calls if you request written communication.
⚠️ The Bigger Question: Why Waiting 6 Months?
If you are certain you’re filing Chapter 13, the real issue isn’t whether to answer the phone.
It’s timing.
Because during the next six months:
- Late fees will accumulate.
- Interest will continue.
- Your credit score will decline.
- Collection activity may increase.
- Lawsuits could potentially be filed.
Sometimes there are good reasons to wait:
- Saving attorney fees
- Catching up on mortgage payments
- Timing around tax refunds
- Waiting for a foreclosure sale date
- Completing required credit counseling
But sometimes people wait simply because they feel overwhelmed.
If you’re committed to filing, it’s worth asking whether waiting six months is strategic — or just stressful.
🏛 What Happens Once You File Chapter 13?
The moment your case is filed:
- The automatic stay goes into effect.
- Collection calls must stop.
- Lawsuits must stop.
- Garnishments must stop.
- Creditors must deal through the bankruptcy court.
That’s when the legal protection begins — not before.
🧾 Will Stopping Payments Hurt Your Chapter 13?
In most cases, unsecured credit cards (like Chase) will simply be included in your Chapter 13 repayment plan.
Whether you are one month behind or six months behind usually does not change your ability to file.
However, if you are using the card right before filing or taking large cash advances knowing you won’t repay it, that can create fraud issues. Simply stopping payment because you cannot afford it is different.
💡 Practical Advice
If you plan to file in six months:
✔ You do not need to notify the creditor in advance.
✔ You are not required to answer collection calls.
✔ Only filing stops collection activity.
✔ Make sure your delay in filing has a strategic reason.
If calls become overwhelming or if a lawsuit is filed, that may be a sign it’s time to file sooner rather than later.
📞 Final Thought
Ignoring the phone won’t hurt your bankruptcy case.
But delaying filing without a plan can increase stress and risk.
If you’re considering Chapter 13, a consultation can help determine:
- Whether waiting makes sense
- Whether Chapter 7 is an option
- How to time your filing strategically
- What to expect over the next few months
The sooner you have a plan, the less power those collection calls have over you.



