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Contacted Again by Collections while in a Chapter 13

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    Contacted Again by Collections while in a Chapter 13

    We filed Chapter 13 last September. We have hospital bills that are part of our bankruptcy. I personally have talked to both hospitals, recorded the conversations, told them we filed bankruptcy, that they are listed in the bankruptcy, and gave them our case number. Today, I receive another letter from another collection agency regarding one of the bills. Who is in violation of the automatic stay in this situation? The hospital, the collection agency, or both? I've notified our attorney of each instance, but they said all creditors were notified and the court has a record. What should I do?

    #2
    We had the same happen. Our atty just told us to fax her a copy of the letter. We actually didn't have any issues once we filed. This one is the only letter that we have received. The week after we filed, the calls just stopped.

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      #3
      Ask your lawyer to send the hospital creditor a sternly worded letter on the lawyer's letterhead informing the hospital's collections agency that they are violating your automatic stay and will face further legal actions if they continue contacting you to collect a debt that is a part of your Ch 13. Hopefully that will stop any further illegal collections activity.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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