Should I notify this creditor of my filing

[dr618]

They have already been noticed by the court and today I receive a letter from them telling me that I am late with my payment and that they will search my assets. Do I write them a letter or just ignore it since they have already been notified of my filing bankruptcy.

[AngelinaCatHub]

Ignore them. Either they have not gotten the word at Accounts recievables, or it is a ruse to make you pay.

[dr618]

Thank you. I figured that they were just trying to get me to pay, but wanted to make sure. Thank you again.

[JRScott]

If you file pro se, I would call the contact number, inform them of the filing and case number.

If you filed with a lawyer, contact the lawyer's office and let them know.

Keep the letter. While just 1 instance isn't worth pursuing if they continue it can make a nice pay day.

[hboyd4]

If you file pro se, I would call the contact number, inform them of the filing and case number.

If you filed with a lawyer, contact the lawyer's office and let them know.

Keep the letter. While just 1 instance isn't worth pursuing if they continue it can make a nice pay day.

What do you mean it can make a nice pay day JRScott? I am just curious because I have heard something like this before.

[AngelinaCat]

If this creditor is knowingly violating the provisions of the Automatic Stay, then you can haul them into court and end up winning a judgment against them.

Good luck!

[jessegirl]

Could I also do that with my boat being repo before i am discharged? Do i get the money or the attorney will? I once heard that you can ge 1000.00. Thats probably what my attorney would charge me to go to court. LOL

[StartingOver08]

Could I also do that with my boat being repo before i am discharged? Do i get the money or the attorney will? I once heard that you can ge 1000.00. Thats probably what my attorney would charge me to go to court. LOL

Actually it is a huge violation of the automatic stay - you could very easily get $$$ and your attorney's fees paid. You ought to bring this creditor to task in the BK court - the court will sanction the creditor. That is a pretty serious event.

[JRScott]

Could I also do that with my boat being repo before i am discharged? Do i get the money or the attorney will? I once heard that you can ge 1000.00. Thats probably what my attorney would charge me to go to court. LOL

It's usually attorney fees plus 1000 dollars per violation. (Each letter, phone call etc is a violation).

[philslyn]

No! if you filed your own case, and positive that you put that creditor i wouldnt worry about it, however to play safe i would send them a fax or a letter regarding my case number. if you retained a lawyer and sure that you include that creditor i wouldnt worry about it also coz they will deal with your lawyer anyway , some creditor are just stubborn
i got best buy harrassing my client over a laptop that was purchased a year ago. all we did was to tell them its goneeeeeeee. they asked us to pay a payment we just disregard it. and will wait if they wanna object so far the 341(a) is done and still has not heard any trouble with them.

[dr618]

Hi,

I filed without a lawyer, I used leagl aid, but they are not able to hellp me if problems arise. They were electronicaly notified last week according to pacer.