Bankruptcy, Foreclosure and credit scores Florida

[bsullivan]

Hello,
Back in the beginning of 2010 we retained a bankruptcy attorney. We have close to 100000 in credit card debt and car loan debt. We have not paid our mortage for a year and a half. However, we are negotiating with a non profit to refinance our mortage and reduce the loan. Our attorney says we need to wait until that is finalized before filing. My questions are these. It has been two years since these cc debts were charged off. Won't they just "go away" after seven years from my file?
And...
The auto loan people have been given the attorneys name and yet repeatedly call seven, eight nine times a week. They said they are allowed to do this until they have a case number. Isn't this illegal? I have an attorney. Can they do this? This was also charged off. Is any off this worth a bankruptcy?

[Betty3]

Since you have an attorney, you really should ask him/her all of your questions. He/she
has all you info - we don't. They should know if filing bk is the best thing for you to do.

The charging or writing off of a debt is only a (required) accounting entry by the creditor. It does not effect you, or change the amount you owe, or that you owe it.
It does not change any of the legal methods to force collection that were available before making the entry.
If your credit report reports that you have a bad debt write-off, then it means that the original creditor has written off the debt, but they can still sell the rights to the debt to a collection agency and they can contact you and take legal action if the SOL for collection has not elapsed. (Even if the SOL
has elapsed for collection of the debt, it is still a debt that you owe/never paid. They just can't collect it.)

Charge offs can show on your credit report for seven years + 180 days from the date reported to the credit bureau.

Talk to your attorney.

[bsullivan]

But what is the law about the auto loan bank calling incessantly...

[Betty3]

Even if they charged it off on their books, they can still try to collect it. Talk
to your attorney who has all your info.

[tempguy]

I know this thread is a little older, but I have been going through something similar of late with the Credit Debt in collections. Seven years and the charges WILL disappear, but your credit is going to be absolutely crushed until you deal with it. Take it for what it is worth....

[Betty3]

tempguy, please do not reply to old threads - Thanks.