Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Advice for 6 year old discharge discrepancy

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Advice for 6 year old discharge discrepancy

    Hello, new to the forum here.

    My wife and I filed through an attorney in 10/2005 for personal bankruptcy.

    We received discharge paperwork in 6/2006.

    We have recently 12/2010 started receiving collection calls for debts included in that bankruptcy, the collections claiming the discharge was retracted and ultimately the case terminated and closed.

    Upon examination of PACER, the current "status" is as follows:

    Disposition : Standard Discharge

    Nature of debt: consumer
    Pending status: Case Closed
    Flags: CLOSED

    The attorney who filed our bankruptcy is now retired and has moved out of state. I would like to avoid hiring another attorney if possible, but this is what I am seeking advice on!

    Thanks in advance, Tim

  • #2
    Next time you get a call, get a name, phone number and address. Find out which creditor they are collecting for. Send the collector a copy of your Schedule F (assuming unsecured debt) and the Discharge. In your cover letter tell the collector that it is violating your bk rights and if you are contacted again you are going to sue. Send this letter via “Certified Mail, Return Receipt Requested”. If the collector has a fax number, send it to the fax as well. Keep copies of everything.

    If you do not have a copy of your documents (which you should have and keep to the day you die), pay for them off of PACER.

    Des.

    Comment


    • #3
      Thanks for your reply.

      My concern lies with the allegation that the discharge was retracted and the bankruptcy ultimately closed.

      We have all the paperwork, and upon review of current PACER status revealed a "TERMINATED" date of 1/29/2007 and the section next to "DISCHARGE" is blank.

      Thanks, Tim

      Comment


      • #4
        You should be able to clear it up by checking the history or docket report on Pacer. Also, be sure to check your credit reports (all 3) and make sure it's being reported as it should be.

        Comment


        • #5
          1/29/2007:

          It appears from the records of the court that the estate of the above−named debtor(s) has been fully administered.
          IT IS ORDERED THAT:
          The Trustee is discharged as trustee of the estate of the above−named debtor(s) and the bond is cancelled.
          The chapter 7 case of the above−named debtor(s) is closed.

          Is this standard verbiage for a case closing or termination...or discharge?

          Thanks, Tim

          Comment


          • #6
            U were discharged and the collector is trying to scare u.
            Filed chapter 7 on 9/17 341 on 10/20
            Chapter 7 Trustee's Report of No Distribution on 10/21
            Discharged and Case Closed on 12/21/2010

            Comment


            • #7
              Originally posted by scorpion35 View Post
              U were discharged and the collector is trying to scare u.
              Ugh. That is just plain WRONG.
              ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
              Not an attorney - just an opinionated woman.

              Comment


              • #8
                Yup standard Collection tactics. They are LYING. Feel free to record them next time assuming they run the whole they are recording the call, make sure you get that bit as your in a 2 party state, ie both most consent to the call being recorded. with this scenario don't tell them you recorded it till after they say something dumb like you still owe them because your BK is revoked, hearing excuses as they try to remove their leg from the mouth is fun sometimes. If they don't do the we are recording bit just tell them you are recording the call, when they hangup, which they will, just wait for the letters. Courts LOVE paperwork. Make getting sanctions and fines from them very easy.
                3/2/09- Filed: chapter 7 / No asset
                4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
                4/2/09- Trustee Report of No Distribution Filed
                6/24/09- Discharged and case closed

                Comment


                • #9
                  One word... POUNCE! Do exactly as Des described above, which is what I'd have you do. Keep details notes and call logs! If they contact you after the "green card" comes back... POUNCE and be merciless! There are some bankruptcy attorneys that will take discharge violation cases on contingency since they are easy money.

                  Originally posted by moosecountry View Post
                  We have all the paperwork, and upon review of current PACER status revealed a "TERMINATED" date of 1/29/2007 and the section next to "DISCHARGE" is blank.
                  Once you search for your case, you should come up with the screen with all the links. There should be information about your case at the top. If you're saying that it reads "Debtor Discharged: Date Terminated: 1/29/2007 " (with no date), there could be an issue. There should be a discharge order on the Docket somewhere and hopefully it's one of the last entries... as in, there isn't a revocation of discharge after that.

                  Were you an asset case? If you were an asset case, did you comply with the orders of the Trustee to surrender property? If you received your discharge in 6/2006 and the case wasn't terminated until 1/29/2007, there is something interesting going on if it is a no asset case.
                  Last edited by justbroke; 01-10-2011, 11:50 PM.
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog


                  I am not an attorney. Any advice provided is not legal advice.

                  Comment


                  • #10
                    Those are some low-down and dirty tactics. I wonder if your Attorney General would be interested in those practices...With all the people filing BK these days, there are bound to be more of these companies that will try and operate within a very fine line of the law.
                    Filed Chapter 7 October 5, 2010 -341 held Nov. 8, 2010- Report of No Distribution Nov. 12th, 2010- Discharged 1-10-2011 Closed 1-28-2011

                    Comment


                    • #11
                      Hi all, Hi moosecountry,

                      collection calls for debts included in that bankruptcy, the collections claiming the discharge was retracted and ultimately the case terminated and closed ....and check your windows for the pigs flying by and watch all the demons surfacing to buy ice skates...

                      As other have said, this is collection agency hot air.....you can ignore it OR you can collect it. Document everything, when, where, who, how long, day, time, what was said, and how much time you spend dealing with it. Then go to BK court and ask for damages, at least 4 figures. You attorny gets their fees awarded if you win.

                      Companies use these illegal methods because they work, send out a letter threatening the debtor in a effort to scare them into paying.
                      They know that most folks are either sharp enough on their own and their attornney will just put the letter in a trach can.
                      They also know a small percentage will be scared by the letter threated written in legally sounding text. If they are really good, there will be a deadline "you must respond by day X or blah,blah,blah will happen.

                      So they send out a ton of letters, if the can bambozzle 3 people out of 100 the whole operation runs with a good profrit. Costs next to nothing, very profitable business.

                      What they don't expect is to be called into BK court on a violation of the auto stay or discharge injunction. You and your attorney are pepared, have the records handy; collection company is ...ah, well,,,,let me find that....our document says this...and other lies and excuses. We never called at her place of employmnet... You: Your Honor, I have phone calls logged and a statement listing all my phone calls. You will see there calls at this day, that day, the othe day, etc. Judge impressed by your preparedness, tells collection agency to pay you $X,XXX and pay your lawyer.

                      The importance of people going to court over stay/injunction violations is that it will drive the cost of this post-BK collecting up until to gets too steep, they either get out of the collection business or stay in with a totatly difference plan.

                      Well, that is for me tonight, a little tired, hope some of it makes sense....

                      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

                      Comment


                      • #12
                        Originally posted by DebtEnder View Post
                        Yup standard Collection tactics.
                        Nope, that's not "standard" tactics. Those are tactics used by a bottom-feeding collection agency that needs to have their doors locked and chained.

                        This "tactic" is not an accident. Your response should not be either.

                        Document, document, document, record, keep good records. You should be able to get them by the short and curlys with this one.

                        Good luck!
                        All information contained in this post is for informational and amusement purposes only.
                        Bankruptcy is a process, not an event.......

                        Comment


                        • #13
                          What concerns me is the OP has had collection calls from more than one account. If the BK was discharged there may be an error on one of the credit reports and if so, it needs to be corrected asap.

                          Comment


                          • #14
                            there may be an error on one of the credit reports and if so, it needs to be corrected asap. ....eh, when you get around to cleaning up your reports. No real hurry unless you need your score for something. ...but what help would be new reporting on a discharged debt...another violation of the discharge injunction!

                            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

                            Comment

                            Unconfigured Ad Widget

                            Collapse
                            Working...
                            X