Billed after discharged

[spooner2562]

I filed in jan 09 and was discharged in april 09. I keep getting bills from sprint saying I owe roughly 500 bux. The account was included, and I cancelled my contract (of course getting 2 early cancellation charges). So whats the deal I thought BK wipes this stuff out?

[AngelinaCat]

They are being hard-nosed and are actually breaking the law. Send a copy of your discharge order along with a copy of your billing. Keep originals.

We did that with the land-line carrier that we used to have, and have not heard anything back in almost the year since our discharge on Augst 13, 2008.

We are, however, being dunned by a Medical group for whom their billing was discharged, that tried to have their claim pushed ahead of that of the IRS. Our trustee disallowed it. We have sent all the paperwork regarding same to them and are waiting to see what happens. If they keep dunning us, or threatening to take legal action, we will report them to our trustee.

Here is the link to the law that covers this:

http://www.doney.net/bkcode/11usc0524.htm

You are interested in 11 USC 524 (a)(2).

My best~~~

[jennordhavn]

I kept receiving bills during my BK and after my discharge from T-Mobile. They did wipe out a large portion of the bill, but said I owed appx. $50 because they didn't close the account until Jan. (I filed in Dec.). I contacted them numerous times by phone, and sent a certified letter before my discharge. I was contacted by a company claiming to represent T-Mobile and I was in "pre-collections"...I gave her my BK case number. In April (one month AFTER my discharge) I got a call and dunning letter from AmSher. I called T-Mobile again, finally talked to a supervisor, got a new address for them (BK Dept.), sent them another certified letter and sent a letter to AmSher with copies of my letters to T-Mobile, as well as copies of my discharge papers. I haven't heard anything since then and nothing has shown up on my credit reports, so I'm hoping it's FINALLY taken care of.

In my letters I told them they were violating my stay and my discharge order and if they continued collection efforts, I would pursue legal action.

[StartingOver08]

Boy Jennordhavn, in one way I hope they violate again so you can take them to court for sanctions and you would get a big payout!

T-mobile sounds malicious to me...they didn't close your account upon receipt of your BK notice. They continued to bill and add charges, AND they turned it over to a CA after they were notified. There is no way these three things can be considered an error. Glad you got it straightened out - but one more communication from them and you should haul their XXXX to court!

BTW, keep checking your credit reports for reporting issues. If they report a delinquency after your discharge that is considered continued collection activity and is actionable in court. There is case law on this very thing.