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Received a letter from Creditor's Attorney

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    #31
    Originally posted by Alix23 View Post
    After talkin to an attorney and getting some feedback on here, I decided to take chance and ignore the letter and "call their bluff". and as I thought, nothing happened!!! the creditors didnt follow up on the AP and my case was discharged and closed as scheduled.
    As expected. Congratulations!
    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

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #32
      Just a note, one creditor who sends out these letters, Weinstein & Riley, has proceeded to file complaints and obtain default judgments. I don't mean to make these letters more effective than they are or self-servingly advocate that everyone rush right out and pay an attorney to address these, but ignore them at your own risk. Sure you may be able to fight it once the complaint has been filed, but if you respond firmly with your affirmative defenses, you may discourage them from even bothering to file as they're more interested in a default judgment than litigation.

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        #33
        Yes, it's a strategy, and one, hopefully working with their attorney, makes the correct choice based on who the adversary is. When I did my adversary (as the plaintiff), I did everything by the book and even obtained an entry of default. I leveraged that default to get a settlement rather than go through the hearings required to get a judgment. (I couldn't get a default judgment on the technicality that I was suing for damages and that it wasn't a "sum" certain.)

        Good to read of a specific company that likes to actually follow through with a complaint.
        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

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #34
          Originally posted by Alix23 View Post
          Sorry for the very very late update.
          well, After talkin to an attorney and getting some feedback on here, I decided to take chance and ignore the letter and "call their bluff". and as I thought, nothing happened!!! the creditors didnt follow up on the AP and my case was discharged and closed as scheduled.
          I want to thank everyone on here who took the time to write me with their help/suggestions.

          I had a feeling the creditor was on a fishing expedition. Good thing you did nothing - hard to do.
          Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

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