I object!!

[NowImDownInIt]

I received a bill collection notice today......

Yup... that's right, now two funny things. The first being that the OC was listed on my bankruptcy and I was never given any information that the debt was being sold. It looks as if they've just sold it, even though they were listed in my BK, notified and the claims date has passed. The second thing is that the CA they sold it to KNOWS about my BK and has actually filed claims for 2 of of my other OC... So what should I do here? There is no way that I am paying them $538.71 ... I'm in a 100% pay back plan the OC was listed, someone should have filed claim and they would have gotten all they wanted.... GRR.

NIDII

[arkienurse]

I received a bill collection notice today......

Yup... that's right, now two funny things. The first being that the OC was listed on my bankruptcy and I was never given any information that the debt was being sold. It looks as if they've just sold it, even though they were listed in my BK, notified and the claims date has passed. The second thing is that the CA they sold it to KNOWS about my BK and has actually filed claims for 2 of of my other OC... So what should I do here? There is no way that I am paying them $538.71 ... I'm in a 100% pay back plan the OC was listed, someone should have filed claim and they would have gotten all they wanted.... GRR.

NIDII

Ooohh, I smell a violation of the automatic stay. Call your lawyer tomorrow and see what they say. Good Luck!!

[Nicollette]

This has happened to me also. I listed the OC, which did not file a claim, and then a year into my plan. I received a letter from a CA trying to collect on the same debt. I forwarded the info to my attorney and they must have handled it because I haven't heard anything else from the CA.

[rrockinggramma]

I would let your attorney's office have the information. Usually when the debt is sold, the "claim" is transferred to the new creditor. I had that happen with my Orchard account (HSBC) and they sold it to Ecast after I filed. The trustee simply transferred the claim over to Ecast. Check to see if that is what will happen in your case. Otherwise, add them as a creditor.

[Flamingo]

This is one of many reasons why it's good to have an attorney - just give the information to them and they will handle it. Let them worry about it...

[NowImDownInIt]

I am going to... I just don't think that this claim should be paid... I think that Rewards 660 (the original creditor) sold it AFTER they realized they'd missed my bar date. The letter was dated 12/9/08 and my bar date was 11/20/08... I think that because Jefferson Capital Systems LLC did file two claims for against my bankruptcy for other creditors so they wouldn't have missed the bar date had they had the debt before it... On the back it has the standard bankruptcy notification saying that "they did not have knowledge of a discharge or bankruptcy in progess" when they obviously do.

[rrockinggramma]

so then it is up to the trustee IF the claim is allowed. Did Jefferson actually file a claim on this debt? Did the OC? If so, then tell your attorney to object to it as a duplicate or not allowed due to the missing the bar date.

[NowImDownInIt]

No, neither the OC or Jefferson filed a claim for this debt. I just got a letter stating that my account was "seriously past due" and demanding payment within 30 days.

[rrockinggramma]

then they are in violation of the auto stay as was mentioned above. A nice terse letter from your lawyer should settle this dispute. They are *hit out of luck on this one. As long as you discharge this bk, they can never collect on this debt.