New collection popped up? weve already filed

[MaxedOut]

This is for At&T sort of.

We Bk'd At&T for 1143.00 a collection popped up the other day on my TU from South West credit managment for 1143.00 for Cingular I've never had Cingular are they with At&t? How do I handle this? Will I need to add them now? We have our 341 on April 8th. What if more pops up between now and then do I just keep Paying the attorney to add them? when does it stop? Will my creditors continue to sell my debt to colections after I've already filed?

Help Please!!

TIA

[brokeinAZ]

This is for At&T sort of.

We Bk'd At&T for 1143.00 a collection popped up the other day on my TU from South West credit managment for 1143.00 for Cingular I've never had Cingular are they with At&t? How do I handle this? Will I need to add them now? We have our 341 on April 8th. What if more pops up between now and then do I just keep Paying the attorney to add them? when does it stop? Will my creditors continue to sell my debt to colections after I've already filed?

Help Please!!

TIA

AT&t is the new Cingular

[HHM]

I don't think you need to add them. But, if you have the address for this collection agency, simply mail them a copy of the BK notice.

[jp2861]

I've read case law that seems to swing both ways on the matter of adding creditors. Some say that even if you don't add them that they should be discharged regardless. This makes total sense in a Ch 7 no asset case when creditors receive notice to NOT try to submit a claim anyway. Other caselaw has stuck right to the law saying if it wasn't listed it isn't dischargeable.

The law is really vague in this area. I think they need to come up with a clean cut law that says if something rears it's ugly head after you file that it's automatically included, provided the debtor didn't do anything to delay or hide knowledge of it. Especially in a no-asset case where the creditors won't be filing claims anyway.

I would say go ahead and list them. It's cheaper than dealing with these clowns in the future. If they come back in a year and try to collect you may or may not be able to get rid of them by simply saying you filed. I've had 2 pop up since filing so I'm adding them next week.

It will stop when ALL of your debts are listed. I don't say that to sound like a wiseass but it's really the only sure way to cover your butt. Much better to pay a little now than alot later. You can add a creditor anytime before discharge. As long as you didn't delay adding them (purposely limiting the creditors right to object) you should be fine.

[JRScott]

It is possible they sold the debt prior to being informed of the BK. You should have either your lawyer notify them of the bankruptcy.

Generally I had a few calls the first week after filing, after that the mail and calls stopped. It just takes time for folks to be informed.

Good Luck

[MaxedOut]

Thanks everyone for the advice, I'll call our attorney today and see what he says I have no problem adding them, I just didn't know what to if this keeps happaning but you've answered my question for that.

Thank You, Thank You, Thank You

: )