pro se..can creditors still call?

[Way Behind]

Hi,
I filed ch 13 yesterday. Immediately received a cae number and notice of 341 meeting date and time and trustees name. So, I came home and made a few calls myself to the mortgage, auto loan, and the law firm garnishing my wages.

Then I answered the phone for a few collections calls so I could give the same information. The first was from FMS company that had never heard of. I told her I filed today and tried to give case number. She asked for attorney name and number. I said I didnt have an attorney. She said "Thats impossible, you have ty have attorney". Never would take number. Ask for proof that I had filed, tried to give case number again. She wanted me to send her a copy of my entire case file as proof. I said no way. Then I told her I had never received anything from her company and she said they had recently acquired the account. They are not listed on my list of creditors in my petition.

Second call was today. Another collection agency told me that I had to have an attorney, that my case would be thrown out once the court sees that I dont. Finally a supervisor came on and took the case number, but said that until the case was "done" that they would call every day. I said crazy, the case wouldnt be 'done' for 3 years!

Sorry for ranting, but can they keep calling? Cant they call the court to verify the case number? And do I have to ammend the petition to add the new collection agency? The original creditor was listed, as was the subsquent collection agency.

Thanks.

[lrprn]

I filed ch 13 yesterday. Immediately received a cae number and notice of 341 meeting date and time and trustees name. ... Sorry for ranting, but can they keep calling?

NO, they CANNOT keep calling! They are violating your automatic stay. Because it's extremely unusual to file Ch 13 without a lawyer, they probably think you are lying to them. However, without a laywer, you will have to deal with them on your own.

First of all, you need to get off the phone. Write up a letter that gives them your case number and filing date. Include a polite threat to contact your local bankruptcy court judge if they do not cease and desist all contact immediately. You need to send it to them by registered, return receipt mail, then keep the receipt when it does arrive.

If they call one more time after receiving the letter, follow through on your threat.

You need to understand that you are going to have a long haul since you filed your Ch 13 case pro se (without a lawyer). Ch 13 is very complicated and there's no consistency across the US in how the current bankruptcy law is interpreted. Now that you've filed, if you do run into any trouble, you will have a harder time finding a lawyer who will be willing to take on your case.

And do I have to ammend the petition to add the new collection agency? The original creditor was listed, as was the subsquent collection agency.

If the company bought your debt BEFORE you filed, then it would be a good idea to amend your creditor list to add them. However, if they bought your debt AFTER you filed, then they are out of luck - no need to add them because the original debt owner and collectors are on the list.

Keep us posted how your pro se Ch 13 case is going, ok?

[HHM]

But, they CAN call you about the BK.

[Way Behind]

I dont mind discussing the BK, in fact that is why I answered the calls. But, he says that they will call everyday until I pay the account. And they both made rude comments about how I was just trying to get out of paying my bills.

They just seemed very ignorant for people in the collection business.

Thanks for you responses.

[MajorMike]

I can't believe you're doing a 13 without an attorney! I'd be SH****ING my pants!!!

[HHM]

Well, you ONLY just filed BK. The BK still needs to work it's way through the system. Most, if not all the calls will stop over the next two weeks.

[Flamingo]

After going through a Chapter 13 old law and having friends who work in the law firm next door which handles bankruptcies (our firm doesn't), I would never in a million years file pro se for Chapter 13. It has gotten extremely complicated with the new law and unless one has a lot of time, patience and extremely excellent organizational skills, it is very difficult to handle. Many fail or get dismissed.

In your situation, it takes a few weeks after filing for your documentation to reach each creditor and then be adjusted on their records. Even filing with an attorney and the trustee sending out all that information it takes a while so the calls will continue past the filing date. All you have to tell them is that the case was filed pro se and give them the filing number and that they will receive all information in the mail that they need. Hopefully you listed all creditors in your filing.

Best of luck to you and just don't answer the phone if you don't want to talk to those folks - If you don't have caller ID, it might be a good idea to obtain it for a few months. You can always tell when creditors are calling.