I was wondering if you all would be so kind as to help me figure this mess
out...A little background... on May 8th of this year My wife and I had our
341 meeting for a chapter 7. Everything went find, the trustee asked her
questions and that was that. My attorney told us that it will be three
months from then before we receive our discharge, which would make it august
8th give or take. When we were filling out our schedules we both made
absolutely sure we listed every single one of our credit cards (because
that's what all our debt was).
Today in the mail we got a letter addressed to my wife (her maiden name no
less) , It was dated July 16th, saying that she owes $2831.02 on a citibank
card. One that WAS included in the petition. This letter was from NCO
Financial, but when we filled out our paperwork this card, it was with a
different collection agency (I can't remember the name)
Here are my questions.
1.) is it possible for a collection agency to sell this debt to someone else
while BK process is still going?
2.) Since I didn't include NCO Financial, but I did include the actual
credit card, does this debt not fall into the BK?
3.) If they decide to give us a hard time do they have the right to?
4.) What should we do now?
Please all, any help would be so incredubly appreciated, please put us at
ease.... (or on edge) just let us know.
TIA
MS
PWB
07-21-2003, 05:30 PM
In my experience, NCO Financial Systems are absolute BASTARDS. Even after
I'd paid an account in full that was in collections, THROUGH THEM, which the
original creditor is showing as paid in full, they've since then attempted
to collect the full amount ($535) AGAIN, four years after I paid the full
balance... and they're STILL reporting it to all three CRAs as an unpaid bad
debt, even though the account was included in bankruptcy. Worse yet,
they've reaffirmed the debt to the CRAs even after I disputed it with all
appropriate documentation.
Like I said, absolute mind-boggling bastards. Avoid dealing with them at
all costs.
PWB
"Michael and Amanda Shenouda" <twoshenoudas@adelphia.net> wrote in message
news:Fm%Sa.6404$KZ.3081743@news1.news.adelphia.net ... Hi all, I was wondering if you all would be so kind as to help me figure this mess out...A little background... on May 8th of this year My wife and I had our 341 meeting for a chapter 7. Everything went find, the trustee asked her questions and that was that. My attorney told us that it will be three months from then before we receive our discharge, which would make it
august 8th give or take. When we were filling out our schedules we both made absolutely sure we listed every single one of our credit cards (because that's what all our debt was). Today in the mail we got a letter addressed to my wife (her maiden name no less) , It was dated July 16th, saying that she owes $2831.02 on a
citibank card. One that WAS included in the petition. This letter was from NCO Financial, but when we filled out our paperwork this card, it was with a different collection agency (I can't remember the name) Here are my questions. 1.) is it possible for a collection agency to sell this debt to someone
else while BK process is still going? 2.) Since I didn't include NCO Financial, but I did include the actual credit card, does this debt not fall into the BK? 3.) If they decide to give us a hard time do they have the right to? 4.) What should we do now? Please all, any help would be so incredubly appreciated, please put us at ease.... (or on edge) just let us know. TIA MS
Brett Weiss
07-21-2003, 07:24 PM
Most attorneys will send out "Cease and Desist" letters to such
creditors. If they persist, they can be sued for violating the
automatic stay.
--
Brett
************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************
"Michael and Amanda Shenouda" <twoshenoudas@adelphia.net> wrote
in message news:Fm%Sa.6404$KZ.3081743@news1.news.adelphia.net ... Hi all, I was wondering if you all would be so kind as to help me
figure this mess out...A little background... on May 8th of this year My wife
and I had our 341 meeting for a chapter 7. Everything went find, the trustee
asked her questions and that was that. My attorney told us that it will
be three months from then before we receive our discharge, which would
make it august 8th give or take. When we were filling out our schedules we
both made absolutely sure we listed every single one of our credit cards
(because that's what all our debt was). Today in the mail we got a letter addressed to my wife (her
maiden name no less) , It was dated July 16th, saying that she owes $2831.02
on a citibank card. One that WAS included in the petition. This letter was
from NCO Financial, but when we filled out our paperwork this card, it
was with a different collection agency (I can't remember the name) Here are my questions. 1.) is it possible for a collection agency to sell this debt to
someone else while BK process is still going? 2.) Since I didn't include NCO Financial, but I did include the
actual credit card, does this debt not fall into the BK? 3.) If they decide to give us a hard time do they have the
right to? 4.) What should we do now? Please all, any help would be so incredubly appreciated, please
put us at ease.... (or on edge) just let us know. TIA MS