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creditor calling work for 30 bucks

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    creditor calling work for 30 bucks

    So i have filed and have been confirmed but the last 2 days some colletion place has been blowing up my phone at work wanting 30 dollars. Its my old bank i have them on my list of creditors for a CC but this is a charge from the bank account i never closed myself but was out of funds so they hit me with a 30 charge before closing it. What should i do?

    #2
    You should, the next time they call ask them to pay close attention and mention I FILED BANKRUPTCY loudly. Then, when they calm down, demand that they to take down your bankruptcy information, or be subject to sanctions for violating the automatic stay. Some of them get nasty when you say that, but just politely tell them "if you don't understand how bankruptcy works and the implications of you making this call, yelling at me, and demanding money when I'm protected under a stay of the Federal Bankruptcy laws, then you should put someone else on the phone that does".

    That's how I handle them.

    (Also keep a log of when the called, and get the person's name. Keep this log in case you actually need to file a contempt of court motion for violation of the automatic stay! Also demand their address so that you can serve them with the motion for sanctions... even though you probably won't get that far where you need to, but it makes it sound more official. If you have an attorney, you should have turned this over to your attorney for appropriate action.)
    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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      #3
      Thanks jb first thing tomorrow she will hear from me.

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        #4
        If this $30 charge was incurred after you filed which it sounds like it is if you have already filed and been confirmed, the debt is your responsibility - plus it's bank account related not part of your CC in your filing. If the $30 has an initial date of prior to your filing and you were unaware of it or forgot to mention anything about this to your attorney, contact your attorney.
        _________________________________________
        Filed 5 Year Chapter 13: April 2002
        Early Buy-Out: April 2006
        Discharge: August 2006

        "A credit card is a snake in your pocket"

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          #5
          Originally posted by Flamingo View Post
          If this $30 charge was incurred after you filed which it sounds like it is if you have already filed and been confirmed, the debt is your responsibility - plus it's bank account related not part of your CC in your filing. If the $30 has an initial date of prior to your filing and you were unaware of it or forgot to mention anything about this to your attorney, contact your attorney.
          Yes Flamingo, but he is still protected by the stay from CA's. They would still be in violation. Until they get their confirmation finalized aren't they still protected through the 3 or 5 years? 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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