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    Need some answers, please.

    Here is the storey.
    I retained attorney on October 9, got phone call to come and sign package on November 6 (finally).

    When I started to check creditor's list, first thing I discovered that my debt balooned allmost twice.
    That was because paralegal,who works there just put on the form everything she saw on credit report even thou I gave her all statements and prepared list of creditors. I eventually made her fix everything (it took her four times to print everything correctly ) and debt amount went back to normal. I file together with my wife and some of her accounts were reported three times on credit report even thou it's the same account.

    There was some accounts that were closed by original lender and sold to collection agency and all that is reported on credit report. But it's essentially the same account.

    Here is my question:

    If account was closed by original lender and sold to collection co , what account must be listed on bancruptcy form , original or the new one owned by collection agency ?
    The new owner of debt usually assighn new account #.

    I'm very unhappy with that paralegal's work and just want to make sure everything is OK before it is submited to court this week.


    Thank you in advance for any info.

    #2
    I had the same problem and had my attorney put the name of the collection agency on the list of creditors and the matrix mailing list.

    Comment


      #3
      My atty added the Collections also..... BUT, if an account went to another company or collections during my BK, my atty said no problem because they have records of the original account number.

      If you are no asset, even less of a problem
      Filed C7 Aug 31 2008
      341 Oct 8 2008
      Discharged Dec 9 2008

      Comment


        #4
        I probably will call attorney tomorrow and have some talk with him.
        I just don't want to pick on him too hard . Maybe it's just paranoia but I don't wan't him to screw my case because of this conversation.

        Thanks for reply

        Yes, it's no asset case. Just don't want some phone calls start a few years after case closed.

        Comment


          #5
          Breathe... This is not bad. And you will be OK!
          Filed C7 Aug 31 2008
          341 Oct 8 2008
          Discharged Dec 9 2008

          Comment


            #6
            Thank you.

            I'm off to work. Will be checking replies from my mobile and will reply at evening.


            Thank you everybody

            Comment


              #7
              When we listed our creditors, we listed the original agency, not the debt purchasers, because sometimes the accounts change hands so frequently, you can't keep up with them.

              You certainly have to keep after the attorneys and their paralegals--and we're the ones paying them the big money we don't have.

              Good luck.
              "To go bravely forward is to invite a miracle."

              "Worry is the darkroom where negatives are formed."

              Comment


                #8
                We put the amounts on our credit reports as amount owed. We didn't have any accounts in collection, so we put original account numbers.

                Comment


                  #9
                  AngelinaCat is right on this one. My attorney's paralegal actually listed the original creditor and the amount and then, when there was a collections agency, listed the Collections Agency name and address for the notification in the consideration field, but the amount of the claim was left blank (so there was not a duplication) and in the field for the creditor name put:
                  Representing: name of xxx (OC).

                  That way everyone was noticed in the matrix. The debt was reasonably accurate as of the date of filing and the duplicate entries (OC and CA) were readily evident.
                  Filed CH 7 9/30/2008
                  Discharged Jan 5, 2009! Closed Jan 18, 2009

                  I am not an attorney. None of my advice is legal advice in any way..

                  Comment


                    #10
                    Thank you everybody for valuable info.
                    I guess I will leave it like it is now.
                    I checked everything. All original creditors are listed and there are some inputs with notifications fields.
                    Technically it's the same account,just under diff name if they change account #.

                    Thanks again everyone. I'm waiting for them to submit my papers and for 341 date.

                    Best regards

                    Comment


                      #11
                      When I complete the petitions for our clients, I list EVERYONE! I first list the original creditor, then I continue to list each and every CA or law firm or whatever. Anyone who has attempted to collect the debt is listed. This ensures that everyone is listed and notified when the case is filed. No surprises for anyone. As I list the other parties, they are listed as "(CAs name) representing (original creditor's name)"

                      The more information the better. The original creditor could have sold the debt and if you don't list the new "owner" of the debt, you may have trouble proving that it was discharged.

                      Comment


                        #12
                        The paralegal listed EVERYONE and some of the accounts were listed three times so original debt of let's say $5000 suddenly become $15000 on the BK form.
                        My wife has one Bank of America credit card. Suddenly it appears as three diff accounts ,because it proibably changes hands of diff collection departments and they all assighned different #.

                        Paralegal didn't even bother to look on the list of creditors I prepared for her and gave her to make her job easier. She just used downloaded credit report. As I said I corrected her three times untill she got it right. At that time she was jugling with my accounts and the phone trying to resolve some family issues. It was very frustrating, but it's in the past now and I hope everything else will be OK.

                        It's just I'm kind of controll freak and usually check and re-check everything untill I see everything is right. It's just question about original creditors that was bothered me.


                        I don't think I will have problem to prove that debt is discharged as even in case of legal action whoever bought my debt must provide info what company (bank) it was bought from and I will keep all my statements for a very long time . That's for sure.

                        Thanks again for reply

                        Comment

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