New Claim between 341 & Confirmation

[ladytazz]

What is the best way for a new collection debt that arrived after the 341 meeting and before the confirmation meeting. The collection agency sent a notice on behalf of Rodale Publishing. I ordered a book from Prevention last year, but returned it to the company (before the 15 day trial). Now I'm being pestered to pay for it. It's only $42. Should I go ahead and pay it, or give it to the attorney? Should I write them back and give them our case number?

Any help would be appreciated.

[quietsound]

well, technically your suppose to list ALL debt owed and they would have to file a claim before the creditor deadline which is approx 90 days after your 341hearing...............If you paid this then proof of payment would be a good thing to have on hand............I'm not a lawyer but I would have them file a claim and if you paid it you can object to the claim....................perhaps you should see what others have to say about it. that small amount, me myself i would probably pay it myself and be done with it, but i don't know from a legal standpoint.

[SinkingFast]

If you include it in your BK,............ You'll have to pay a minimum $26 fee to amend your Creditor's matrix to add this Creditor. Plus whatever fee your attny charges. So it could be a wash paying them vs amending your Petition to include them.

Technically, you aren't supposed to pay them. That would show preference to one Creditor over the others.

Maybe call your attny and see what he/she says you should do.

[ladytazz]

Thanks for the input. I agree, it would be cheaper to go ahead and pay it, but I feel like I'm paying for something that was returned to the company. I returned it within the "trial period" so I don't feel I should pay. But, I don't have the proof that I sent it back or that they received it. So it's a matter of he said/she said.

[aa06a47]

Send them a copy of the bankruptcy notification that the court sends out to the creditors. (if you didn't keep it, you can always go on Pacer and print it out). Tell them to file a claim. I had the same thing happen to me, except mine was one that automatically billed my credit card. Well, after I filed, they sent me a bill for the entire amount (the amount due was a little over 150 bucks).

I mailed them the notice (look over you bill to make sure you send it to the business address) and I have not heard a peep from them since. I do not know if this method is the best, but it is the least expensive. I would get a return receipt so you can prove later they were notified if it ever comes up.

[ladytazz]

Great idea. I think that's what I will do.