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    Received letter from CC after filing?

    I filed BK7 about 4 weeks ago, yesterday I got a letter in the mail from my bank about a Business CC. The card was included in my creditor list. It basically says "Let us help you with your past due balance" yada yada yada. At the end of the letter it say is you dont contact us or remit full payment your account will continue to incur fees an penalties-don't wait.

    Should they be sending this to me? I will contact my lawyer on Monday but dont want to worry to much about it over the weekend!

    #2
    No, they shouldn't be sending you collection letters. It's possible that they crossed in the fray and got sent out before the department that handles bankruptcy notices could intercept....but meh, not likely, they are just trying to sneak a few bucks out of you. Contact them, let them know that you have filed and that a notice was sent to them. Give them your attorney's name and number and your case number. Let them know they are violating the automatic stay.

    Then, keep a notebook with the date of contact and your action. That way, if they continue, you have record of their violations and if they don't stop, you have grounds for action against them.
    Filed pro se, made it through the 341, discharged, Closed!!!

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      #3
      Originally posted by mrskal View Post
      I filed BK7 about 4 weeks ago, yesterday I got a letter in the mail from my bank about a Business CC. The card was included in my creditor list. It basically says "Let us help you with your past due balance" yada yada yada. At the end of the letter it say is you dont contact us or remit full payment your account will continue to incur fees an penalties-don't wait.

      Should they be sending this to me? I will contact my lawyer on Monday but dont want to worry to much about it over the weekend!
      Just call them and tell them you filed and give them your case number.

      I've received 3 letters and I filed 2 weeks ago. I just called them to tell them that we filed for bankruptcy and gave them our case no. I also wrote down who I spoke with and when. Now, if I get a letter after I know they know, then they have a problem.
      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

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        #4
        Hi mrskal,

        I would agree with f2b that they are trying to shake you down for a few bucks....

        ...but my brothers Eds law most likely applies: Never attribute to malice anything adequately explained by incompetetence

        It is illegal for them to contact you and try to collect, do keep a record of everything b/c it might work out for some $$ damages to you if they keep it up....they know the law, no excuses allowed, the judge won't be happy with them...

        Tom in Colo
        Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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