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New Collection Account after Discharge & Closed Chater 7! -Help-

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    #1

    New Collection Account after Discharge & Closed Chater 7! -Help-

    I included all of my creditors in my petition... apparently somewhere during the BK Process, HSBC / Best Buy ...sold my account to LHR (Factoring / Collections Agency) ...my BK is discharge & closed (Discharge) as of 9/5/08, (Final Decree) as of 9/8/08 ...BNC on Pacer lists all creditors and collection agencies, BUT not LHR, my credit report shows LHR as an active collections account. Even before I was able to file my chapter 7 BK, I had been in such a bad spot in life that I had not even made a payment in 2 years... Tell me what to do now... It's like they slipped it in there as a big F*$# Me!!!

    *sigh* -Suggestions... anyone?


    Thanks for all your help
    Filed Chapter 7: May 29, 2008
    341(A) Meeting: July 30, 2008
    Date Discharged: September 5, 2008
    Date Closed: September 8, 2008 ..."I will never forget"
    Tags: None
    #2
    Even though the creditor sold the account to another, they have no legal right to harass you. They are violating the law. When they call, get names, address (were to send payment) send them a copy of your discharge and let your lawyer know about this account. They are breaking the law. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment

      #3
      Hey NY - Hub is right - I will filing in a few weeks. How was the 341? Was the trsutee nice? Explain your 341 cause I will be filing sooooon. And I am super nervous.

      Comment

        #4
        Originally posted by jessegirl View Post
        Hey NY - Hub is right - I will filing in a few weeks. How was the 341? Was the trsutee nice? Explain your 341 cause I will be filing sooooon. And I am super nervous.
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment

          #5
          My 341 was what I played out in my mind to be terrifying... as if all of my 20+ creditors would be there with guns all pointed at me demanding there money or I would be sleeping with the fishes... In reality I had a 1pm appointment and wasn't seen till 430pm... okay... and the best thing is when getting there I was told this particular trustee was for lack of a vulgar word "not the nicest guy" ...but even with that and witnessing this particular trustee destroy many other peoples hopes and dreams of a fresh start... It was just about the end of the day my attorney was the last there, and i was the easier of the two cases he had left, I sat down first (2nd to last of the day woohoo!), and answered all questions clearly & concisely while maintaining full eye contact... The trustee was amazed at how... I had racked up well over 100k in unsecured debt and had no assets... the drama of what seemed like the end of a thriller movie... came to an unexpected ending, he dismissed me... so quickly I didn't even know it was over... it lasted 5min max... today I signed up for Pacer, and I am looking at the docket report, I proceeded to read the Chapter 7 Trustee's Report of No Distribution: and to my surprise verbatim I quote "I, the Trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate except exempt property; that I have made a diligent inquiry into the financial affairs of the debtor(s)" ...and it sums up, the trustee has found nothing... The 341 wasn't so bad, it was the days of waiting for the mail to come, like a child waiting for Christmas morning... Cue Song: "all I want for Christmas is my discharge papers, my discharge papers"... Jesse, Don't worry... You will be fine. Just be upfront with your attorney, he should be able to satisfy any concerns you may have
          Filed Chapter 7: May 29, 2008
          341(A) Meeting: July 30, 2008
          Date Discharged: September 5, 2008
          Date Closed: September 8, 2008 ..."I will never forget"

          Comment

            #6
            Hey Hub, what if this new collections company that is on my credit report isn't calling me or harassing me, but it is still listed on the report as a valid debt, I already disputed it as included in my BK, but if that doesn't work, what is the next step I can take? Anything I can do to be proactive?
            Filed Chapter 7: May 29, 2008
            341(A) Meeting: July 30, 2008
            Date Discharged: September 5, 2008
            Date Closed: September 8, 2008 ..."I will never forget"

            Comment

              #7
              Originally posted by NyALeXNj View Post
              Hey Hub, what if this new collections company that is on my credit report isn't calling me or harassing me, but it is still listed on the report as a valid debt, I already disputed it as included in my BK, but if that doesn't work, what is the next step I can take? Anything I can do to be proactive?
              Best I can advise is tell your lawyer about it. You might be able to contest it with each credit bureau with a copy of your discharge. Good luck on that though. 'Hub
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

              Comment

                #8
                I am going to start seperate thread to discuss this, but I just received a letter from HSBC saying that my account had been sold to Arrow Financial. At the bottom, it had the "This is an attempt to collect a debt" message. The letter was dated September 9. My filing date was Aug 20. Yes, HSBC knows, because they sent me a letter closing another account that I had with them (0 balance, hadn't been used for over two years.)

                I called Arrow Financial, and got through to a nice lady who told me that they had sold the account on August 29. I asked her if they were aware that this account was involved in a chapter 7 bankruptcy, and that an attempt to collect it was a violation of the law? She said that she did not know this (acting very surprised).

                I attempted to call Collect America, who were the new owners. They were closed at the time.

                I figure that they are trying to do the same thing as they are to you.

                And yes, I did inform my lawyer of this, and will probably hear from him on Monday. He had told me in the past that he would call anyone who attempted to collect, inform them that they had been notified, and ask for their fax number so that they could be faxed the notification, and any additional collection attempts would be considered a violation of the law, and cause for sanctions against them.

                It is downright wrong that they attempt to collect like this on legally discharged debt! But, they have paid little or nothing for it, so anyone who pays, is pure profit. I am sure that some pay just out of fear that there credit report will be messed up.
                Filed 8/08 - Discharged 11/08! Not tracking FICO.
                Pre-Bankruptcy Net Worth: -$72,000... Today's net worth: $142,000.
                If your FICO score just went higher than your net worth, and you are happy about this, you might have a financial problem!

                Comment

                  #9
                  Going into BK i had 3 HSBC cards, and they are the ony ones on my report that show no involvement with bk... the BNC includes them... but with the corroboration of your story it's quite apparent, they are complete Ass*****! ... I have submitted online disputes to all the bureaus... lets see what happens, probably gonna have to call the attorney on Monday...
                  Filed Chapter 7: May 29, 2008
                  341(A) Meeting: July 30, 2008
                  Date Discharged: September 5, 2008
                  Date Closed: September 8, 2008 ..."I will never forget"

                  Comment

                    #10
                    Originally posted by NyALeXNj View Post
                    Going into BK i had 3 HSBC cards, and they are the ony ones on my report that show no involvement with bk... the BNC includes them... but with the corroboration of your story it's quite apparent, they are complete Ass*****! ... I have submitted online disputes to all the bureaus... lets see what happens, probably gonna have to call the attorney on Monday...
                    That's interesting to hear, because while I KNOW the HSBC card I had was aware of my ch. 7 (I know because I called them in addition to them getting the 341 info), the collection agency they sold it to (interestingly, around when I filed) still continues to call. I'm not worried, because legally they have no right to try to collect, although if I do receive another letter I may send a copy of my 341 or discharge once I receive it.

                    They're sharks, and crafty as all get out; I am sure the CA have been notified but are banking on the idea that we might be intimidated or stupid enough to pay....all this over a $400 balance, too. BLEH.

                    I'll try disputing later on as well, later on. Not sure I even want to waste a postage stamp on those dudes....

                    Comment

                      #11
                      A word of caution, on these new collection agencies, if you make any kind of payment to them, you have confirmed that the debt is valid and I believe it constitutes a de-facto reaffirmation of that debt. ‘Hub
                      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                      Comment

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