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Collection Notice after Confirmation

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    Collection Notice after Confirmation

    My Chapter 13 was confirmed in January. I had two Credit One accounts. One account filed a claim and the 2nd account with a smaller balance did not file claim. A few days ago I received a collection letter from Midland Credit Collection Agency regarding the smaller Credit One account. Midland had not bought out that account when I filed in November. A notice was sent to Credit One on both accounts. Is this a violation to receive this notice now? How should I proceed since I received? I’m so confused. Thank you for any help.

    #2
    Yes, this is a violation, but whether it's a technical violation is another story. Normally, I give the creditor one chance to fix their system/problem. I contact them by phone listed and I am very very firm with them on the phone. They will try to tell you that they didn't know, but you just, firmly, tell them that they are now being told that there is a bankruptcy and any further contact will be met with a Motion for Sanctions for violating the automatic stay.

    This usually gets them to stop.

    For those that don't stop, which happened to me in 2 cases, the next step is the Motion for Sanctions. If you filed with an attorney, just let them know. If you filed Pro Se, then you'll need to take the actions necessary to either get them to stop voluntarily, or to proceed through the court.

    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.

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