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1 year post discharge... 1 creditor still at it

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  • 1 year post discharge... 1 creditor still at it


  • #2
    Since it is a federal law they are violating (the BK laws) then I would assume you could hire an attorney in your state. If you originally filed BK with an attorney that would be the first person I would contact.

    Good luck, and hammer them please. This type of nonsense shouldn't take place.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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    • #3
      Thanks newbie2,

      When they first started with their collections, soon after my filing, I informed my attorney and he sent some letters to the creditor. They had no effect. After my discharge my attorney wouldn't return emails or calls.... my contract with him was up. I just want the creditor to stop and I dont want to lose any more $ in the process. If I have to pay another attorney I would just like to recover my legal fees. I took a good enough financial beating during the bk process. I would hate to lose another couple thousand $ just from this.

      Comment


      • #4
        Look at this continued collection attempt by this creditor as an opportunity to provide you funds!

        Yes, they are violating the discharge injunction. Get your BK attorney right on it so you can collect fees from the utility.
        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


        • #5
          Originally posted by jtindisguise View Post
          Thanks newbie2,

          When they first started with their collections, soon after my filing, I informed my attorney and he sent some letters to the creditor. They had no effect. After my discharge my attorney wouldn't return emails or calls.... my contract with him was up. I just want the creditor to stop and I dont want to lose any more $ in the process. If I have to pay another attorney I would just like to recover my legal fees. I took a good enough financial beating during the bk process. I would hate to lose another couple thousand $ just from this.
          If you don't have copies of the letters that your attorney sent, pick up the phone and call and ask to have them forwarded to you. Also, look for a good consumer attorney. (NACA comes to mind). I am sure you will find one who will be more than happy to help you on a contingency basis. The bonus? When you win, the attorney fees will be paid by the utility company.
          Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
          I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

          Comment


          • #6
            In our state, not only do they pay the attorney fees, but they get fined a good chunk of money. We had one who contacted us via mail and reported to to our credit report approx 6 months after we discharged. We took it to our attorney and the company was charged $1,000 fine for the letter they sent and $1,000 for reporting to the credit bureau. I'm not sure if this is normal or if we just happened to get lucky.
            Discharged Ch 7 9/10/08
            Livin' the GOOD life

            Comment


            • #7
              Maybe its something with utility companies....we are about 30 days away from our discharge and our electricity company keeps calling and sending cut off noticed for our electricity. They were notified of the bk7 and they just dont seem to care.
              -Filed Ch7 pro se 04/14/2010
              -341 Meeting is 05/24/2010 (went uneventfully well)
              -Report of No Distribution 6/4/2010
              -Discharge 7/28/2010

              Comment


              • #8
                I would bet they think you will not take them to court and just pay the discharged debt. I hope they get fined a whole lot of money for this. There are laws in place and they need to follow them. We, the debtors, may not be able to pay them, but that is why we seek the courts help.
                Chapter 7 filed on 4/23/2010
                341 meeting on 5/28/2010
                Discharged on 8/19/2010

                Comment


                • #9
                  So I contacted my bks attorney's paralegal via email and asked for all the letters that have been sent to these two creditors. She replied asking if these creditors were still trying to collect their debt. I then replied and asked for the letters again. She responded with, "Why do you need them?" I said, ".... because I am going to pursue civil action against them."

                  Now, my bk attorney and his staff act like I'm an alien and wont return emails or supply the letters. I think I should hire a consumer rights attorney and let him/her contact my bk attorney and ask for the letters. Any thoughts? I have the emails between my bk firm and myself discussing these letters and their existence.

                  Comment


                  • #10
                    I think you can find an attorney that will gladly sue these people. They have clearly violated laws and this utility company will have to pay the attorney fees and fines. Look for another attorney and that attorney can contact your previous attorney.

                    Although, I'd keep bugging the crap out of your old attorney to get those papers. That's just lazy of them.

                    I dare a creditor to do this to me.
                    I may be smarter than an attorney, but I'm not one. No legal advice here, people.
                    Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

                    Comment


                    • #11
                      First tell the creditor that they cannot call you at your work because you are not allowed to have personal phone calls. Then ask them to provide you with the correct name of the company, the name of their registered agent and the address for service.

                      When they ask why tell them that since the debt was discharged in a chapter seven bankruptcy and they are continuing to attempt to collect, you intend to file suit.

                      The correct response when she said that you still owe money was to ask her why you still owe an alleged debt when a federal judge discharged that debt as uncollectible. If you live in a one party recording state you may want to add that you've recorded the call for use in later proceedings.

                      Comment


                      • #12
                        Jtindisguise I know you will find an attorney happy to take your case and sue them. I'm glad you're not letting them get away with it. My attorney sued one creditor during the automatic stay. Good Luck.

                        Comment


                        • #13
                          I think your instincts are right. If you have tried to get the letters from your bankruptcy attorney which he sent, I would say hire another attorney to deal with the first attorney. As the others have mentioned, I doubt you would have a problem finding another attorney who would be glad to help you. I am glad you posted this, too. Great information.

                          Comment


                          • #14
                            Originally posted by Bell30656 View Post
                            If you live in a one party recording state you may want to add that you've recorded the call for use in later proceedings.
                            I would always say that the telephone number for my state (I have an internet telephone and specifically asked for such a state to have my official number) allows for me to record conversations, and thus I might be recording the conversation, and am only being nice in divulging this fact (although I really do not have to.) Often, the debt collector would say that he could not continue to talk, at which time I would either say "OK, bye", or if it would be a collector that would say that the phone call was being recorded for "quality control purposes" (RIGHT!) , I would respond with, "oh, it's OK for you to record this call, but not for me? F@!$ Off!" If the collector would not have a problem with the call being recorded, I would give the courtesy to take the call.

                            Comment


                            • #15
                              My disclosure about recording... "This call will be recorded to insure your compliance with all local and federal laws. It can be used as evidence in a criminal or civil action." Georgia doesn't require that I disclose I'm recording but I love knocking them off of their "script".

                              Some say things like they didn't give me permission to record, I laugh and say I don't need your consent or even to inform you. I've already recorded many of your conversations with me and will continue to do so. Now what did you call to ask me about? Oh you mean that debt that you already know was discharged in a bankruptcy? That debt to which you already know I am represented by the firm of Dewey, Cheatum and Howe on?

                              Comment

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