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  • Collection After BK Discharge.......

    December, 2003, I filed for CH. 7 bankruptcy. Clean Slate of
    everything...mainly CC and Department Store cards. Hearing in
    2/2004......Discharge in 4/2004. In May, 2004, I received a letter from a
    Collection Agency, stating that intent to collect amount owed. It was a CC
    that had been listed in bankruptcy. I was under impression only up until
    discharge date was allowed to dispute or intent to collect debt. Anyone
    know for sure?



  • #2
    Collection After BK Discharge.......

    Sounds like they are violating the discharge injunction. You or your
    atty need to let them know of your filing.

    On Fri, 25 Jun 2004 22:23:39 GMT, "BJ" <[email protected]> wrote:
    December, 2003, I filed for CH. 7 bankruptcy. Clean Slate ofeverything...mainly CC and Department Store cards. Hearing in2/2004......Discharge in 4/2004. In May, 2004, I received a letter from aCollection Agency, stating that intent to collect amount owed. It was a CCthat had been listed in bankruptcy. I was under impression only up untildischarge date was allowed to dispute or intent to collect debt. Anyoneknow for sure?

    Comment


    • #3
      Collection After BK Discharge.......

      "BJ" <[email protected]> wrote in message
      news:[email protected]
      December, 2003, I filed for CH. 7 bankruptcy. Clean Slate of everything...mainly CC and Department Store cards. Hearing in 2/2004......Discharge in 4/2004. In May, 2004, I received a letter from a Collection Agency, stating that intent to collect amount owed. It was a
      CC
      that had been listed in bankruptcy. I was under impression only up until discharge date was allowed to dispute or intent to collect debt. Anyone know for sure?
      It's a violation of the discharge injunction. I'd fax the agency copies of
      the Notice of Chapter 7 and Discharge of Debtor and print out a fax
      confirmation report. If they contact you after you could take them before
      the bankruptcy court on a contempt motion and have them try to explain to
      the judge why they think they don't have to obey the court's order.


      Comment


      • #4
        Collection After BK Discharge.......

        Thoth <[email protected]> wrote:
        I'd fax the agency copies of the Notice of Chapter 7 and Discharge of Debtor and print out a fax confirmation report. If they contact you after you could take them before the bankruptcy court on a contempt motion and have them try to explain to the judge why they think they don't have to obey the court's order.
        Thoth is right because most collectors will stop
        when they get the fax, but . . . what if they don't
        stop?

        Personally, I use certified mail, receipt requested
        for this kind of situation. My experience is that
        when before the judge the creditor always, always,
        always, always denies receipt of the notice and
        says that the continued collection is an innocent
        mistake.

        So, I send everything that goes to creditors in a
        way that enables me to prove that they received
        it.

        On the facts you describe, maybe there has been a
        violation of the Fair Debt Collection Practices Act,
        which has up to $1,000.00 statutory damages. If
        your state has fair collection or unfair trade
        practices law, these may have been violated too.

        Good luck to you. Go get 'em, if you can!

        Kindest regards,

        Tom

        ----------------------------------------------------------
        Free help for businesses, families, and individuals facing
        past due debts and taxes: http://www.insolvencyhelp.org
        ----------------------------------------------------------



        Comment


        • #5
          Collection After BK Discharge.......

          "BJ" <[email protected]> wrote in message news:<[email protected]>. ..
          December, 2003, I filed for CH. 7 bankruptcy. Clean Slate of everything...mainly CC and Department Store cards. Hearing in 2/2004......Discharge in 4/2004. In May, 2004, I received a letter from a Collection Agency, stating that intent to collect amount owed. It was a CC that had been listed in bankruptcy. I was under impression only up until discharge date was allowed to dispute or intent to collect debt. Anyone know for sure?

          Tell them that you have filed BK and it has been discharged. Give
          them your case number.

          Comment


          • #6
            Collection After BK Discharge.......

            If they don't stop, you sue them for violation of the discharge stay. I've
            made some clients enough money for a *very* nice vacation as a result...

            --
            Brett

            ************************************************** ***************
            * Personal Injury/Malpractice Bankruptcy *
            * *
            * BRETT WEISS, P.C. *
            * Attorneys at Law *
            * Maryland, D.C. and Federal Bars *
            * [email protected] *
            * www.brettweiss.com *
            * *
            * 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.
            ************************************************** ***************

            "tom" <[email protected]> wrote in message
            news:[email protected]
            Thoth <[email protected]> wrote:
            I'd fax the agency copies of the Notice of Chapter 7 and Discharge of Debtor and print out a fax confirmation report. If they contact you after you could take them
            before
            the bankruptcy court on a contempt motion and have them try to explain
            to
            the judge why they think they don't have to obey the court's order. Thoth is right because most collectors will stop when they get the fax, but . . . what if they don't stop? Personally, I use certified mail, receipt requested for this kind of situation. My experience is that when before the judge the creditor always, always, always, always denies receipt of the notice and says that the continued collection is an innocent mistake. So, I send everything that goes to creditors in a way that enables me to prove that they received it. On the facts you describe, maybe there has been a violation of the Fair Debt Collection Practices Act, which has up to $1,000.00 statutory damages. If your state has fair collection or unfair trade practices law, these may have been violated too. Good luck to you. Go get 'em, if you can! Kindest regards, Tom ---------------------------------------------------------- Free help for businesses, families, and individuals facing past due debts and taxes: http://www.insolvencyhelp.org ----------------------------------------------------------

            Comment

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