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    ? about Collection agencies

    I am preparing to file chap 7 pro se and ordered my credit report (3-in-1) to help make sure I don't forget anyone. I see some collection agencies on there but it's not quite clear who the original creditors are. I also noticed that I don't see some collection agencies on there who are actually mailing and calling me currently. What does that mean?

    I guess my questions are this:

    1. If one does not list a collection agency out of ignorance (like not being on credit report or acct sold during bankruptcy process), but you DO list all original creditors, can any collection agency still hold you liable after discharge since they were never notified ?

    2. If I don't know who original creditors are, can I just list the collection agency anyway ?
    My thinking is that when they get notified by the court of BK, with my name and soc. sec#, it won't matter who they were collecting for anyway. Am I right?

    Thanks for your help with this. If all goes well I should be filing next Thursday or so.

    #2
    Collection Agency notices usually say what the original account was in the bill. List the original creditors and the collection agencies as well. List absolutely everyone, even if they are not on any of your credit reports. Not sure if a collection agency can come after you if the original account was listed in the bkrptcy and the collection agency wasn't. I doubt it, though. Also, any calls you get, when you get your case number, make sure you give it to the bill collector.

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      #3
      I WOULD SUGGEST TAKING THE TIME TO CONTACT EACH OF THE COLLECTION AGENCIES AND GET A LIST OF ANY AND ALL ACCOUNTS THAT THEY HAVE LISTED FOR YOU. TRUST ME, YOU WILL BE GLAD YOU DID, IT IS EASIER AND CHEAPER TO FILE ALL OF THE ACCOUNTS SO YOU DON'T MISS ANYONE AND TAKE THE CHANCE OF HAVING TO PAY THEM LATER. TAKE THE ADDITONAL TIME TO CHECK OVER YOUR LISTS SEVERAL TIMES.
      OUR ATTORNEY FOUND ACCOUNTS I DIDN'T KNOW ABOUT. ALSO IT SEEMS THAT YOU ARE DOING ALOT OF ASSUMING. I REALLY DON'T THINK THAT IT IS THE COURTS RESPONSIBILITY TO NOTIFY CREDITORS HOW DO THEY KNOW WHO TO CONTACT?) WHEN YOU AREN'T EVEN SURE WHO THEY ARE. WHO CARES IF THE SAME CREDITOR GETS NOTIFIED MORE THAN ONCE, BETTER THAN YOU MISSING ONE.
      AGAIN, TAKE YOUR TIME, SLEEP ON IT, PRAY OVER IT. I UNDERSTAND IT COSTS EXTRA TO AMMEND YOUR PETITION. BY FILING YOURSELF YOU ARE TAKING A LARGE RISK OF HAVING IT REJECTED IF IT IS NOT DONE PROPERLY. WHEN WE HAD OUR 341 MEETING THERE WERE SEVERAL PEOPLE THAT HAD THEIR CASE CONTINUED FOR ADDITIONAL PAPERWORK, ONLY ONE HAD A LAWYER, THE REST WERE REPRESENTING SELF. ALSO, SEVERAL CASES WERE CONTINUED OR REJECTED BECAUSE THEY WERE INADEQUATELY PREPARED.
      Last edited by sunshine08; 07-22-2005, 07:31 PM. Reason: LEFT OUT SOMETHING
      I'll be watching, you may never know when or how, but I'll be there. I am there now....

      Comment


        #4
        That's why, if you have to file yourself, study, study, and study some more! And take advantage of the free consultations that lawyers offer.

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          #5
          HAVE YOU THOUGHT ABOUT THE STRESS, THE TIME, AND PROBABLY THE MONEY AN ATTORNEY CAN SAVE YOU???? MINE WAS EXTREMELY REASONABLE, OFFERED A PAYMENT PLAN AND WAS BY FAR THE BEST ONE WE SAW @ THE 341 MEETING. INSTEAD OF PAYING THE CREDITORS, WE TOOK THAT MONEY AND ALSO MY MOM HELPED US, BEST MONEY I HAVE EVER SPENT.. THIS FORUM HAS BEEN EXTREMELY HELPFUL, ESPECIALLY MINIMIZING THE STRESS LEVEL BUT TO GET ANSWERS YOU HAVE TO KNOW THE QUESTIONS TO ASK, I REALLY DON'T WANT TO SEE YOU HAVE TO GO THROUGH THE ADDITIONAL STRESS THAT FILING YOURSELF IS BOUND TO CREATE. BEST OF LUCK TO YOU
          I'll be watching, you may never know when or how, but I'll be there. I am there now....

          Comment


            #6
            If there is anyway possible that you could somehow come up with the money to pay a lawyer, then do so. But, if you find yourself in a position like me where you don't have a dime to your name and even coming up with $75.00 to use as a downpayment to pay your filing fee is a strain, then do what you have to do.

            Comment


              #7
              Originally posted by sunshine08
              I WOULD SUGGEST TAKING THE TIME TO CONTACT EACH OF THE COLLECTION AGENCIES AND GET A LIST OF ANY AND ALL ACCOUNTS THAT THEY HAVE LISTED FOR YOU. TRUST ME, YOU WILL BE GLAD YOU DID, IT IS EASIER AND CHEAPER TO FILE ALL OF THE ACCOUNTS SO YOU DON'T MISS ANYONE AND TAKE THE CHANCE OF HAVING TO PAY THEM LATER. TAKE THE ADDITONAL TIME TO CHECK OVER YOUR LISTS SEVERAL TIMES.
              OUR ATTORNEY FOUND ACCOUNTS I DIDN'T KNOW ABOUT. ALSO IT SEEMS THAT YOU ARE DOING ALOT OF ASSUMING. I REALLY DON'T THINK THAT IT IS THE COURTS RESPONSIBILITY TO NOTIFY CREDITORS HOW DO THEY KNOW WHO TO CONTACT?) WHEN YOU AREN'T EVEN SURE WHO THEY ARE. WHO CARES IF THE SAME CREDITOR GETS NOTIFIED MORE THAN ONCE, BETTER THAN YOU MISSING ONE.
              AGAIN, TAKE YOUR TIME, SLEEP ON IT, PRAY OVER IT. I UNDERSTAND IT COSTS EXTRA TO AMMEND YOUR PETITION. BY FILING YOURSELF YOU ARE TAKING A LARGE RISK OF HAVING IT REJECTED IF IT IS NOT DONE PROPERLY. WHEN WE HAD OUR 341 MEETING THERE WERE SEVERAL PEOPLE THAT HAD THEIR CASE CONTINUED FOR ADDITIONAL PAPERWORK, ONLY ONE HAD A LAWYER, THE REST WERE REPRESENTING SELF. ALSO, SEVERAL CASES WERE CONTINUED OR REJECTED BECAUSE THEY WERE INADEQUATELY PREPARED.
              Please don't type in all caps.

              Thanks!

              -Todd
              The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation.

              Comment

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