Need advice on a situation

[BKTango]

I need osme advice on how to handle a particular situation that arose today. For those that don't know a year ago we joined a DMP and included all of our creditors but 1, incase of a dire emergancy, it had a small balance on it and was only used once(emergancy room visit) in the past year. I always still paid on it. We filed CH7 in October and included this creditor. I have exactly 30 days left until the last day of objections and this creditor has still been sending statements and collection letters. They have called twice and BOTH times I politely gave them my lawyers name/number and case number as they asked for it.

Today I received in the mail a letter form them wanting our petition of BK, all debtors SS numbers(this cc was in my name only, my husband was not on it), lawyers name and number and BK case number. If they didn't receive this information in 30 days they would assume I did not file BK. I immediately went to my lawyers office and showed it to him and he said "They received the information needed when we sent all of your creditors the petition, plus you have told them twice on the phone, and they shouldn't be calling anyhow." He then told me to ignore it, because it's obvious someone hasn't gotten it to the proper department yet, and they already have his info notated on my account (second person that called verified it was there after asking for a check number to pay over the phone!!)

So my question is this, should I take his advice and ignore it, as they have his info already or should I call them?

I don't want to do something that would go against him, but I don't want them coming back on me after discharge saying they never had notice or something.

[HHM]

You can ignore it. Ultimately, nothing will come if. And if it does, you have a nice lawsuit for violation of the automatic stay. Let them shoot themselves in the foot.

[lrprn]

HHM is 100% right. Since you included this non-secured creditor in your Ch 7, there is NOTHING they can do to you no matter what they tell you.

Follow your lawyer's advice. Put the letter away in case you need it later as proof of their flagrant violation of your automatic stay, document any further contacts they have with you, continue to keep your lawyer informed, and have a lovely weekend!

[BKTango]

Well then ignore I shall!

Thanks for the advice it had me stumped. I have been keeping all the mail they send plus documenting the phone calls and I will definitely keep on doing that. It's a great feeling to know that a person not only can give advice when they can, but also seek it out amongst those that have been there.

This board is a life saver (or at least a sanity saver)

[Princesskina]

Well then ignore I shall!

Thanks for the advice it had me stumped. I have been keeping all the mail they send plus documenting the phone calls and I will definitely keep on doing that. It's a great feeling to know that a person not only can give advice when they can, but also seek it out amongst those that have been there.

This board is a life saver (or at least a sanity saver)

I think we all have felt that way about the info and people here.

[aa06a47]

I need osme advice on how to handle a particular situation that arose today. For those that don't know a year ago we joined a DMP and included all of our creditors but 1, incase of a dire emergancy, it had a small balance on it and was only used once(emergancy room visit) in the past year. I always still paid on it. We filed CH7 in October and included this creditor. I have exactly 30 days left until the last day of objections and this creditor has still been sending statements and collection letters. They have called twice and BOTH times I politely gave them my lawyers name/number and case number as they asked for it.

Today I received in the mail a letter form them wanting our petition of BK, all debtors SS numbers(this cc was in my name only, my husband was not on it), lawyers name and number and BK case number. If they didn't receive this information in 30 days they would assume I did not file BK. I immediately went to my lawyers office and showed it to him and he said "They received the information needed when we sent all of your creditors the petition, plus you have told them twice on the phone, and they shouldn't be calling anyhow." He then told me to ignore it, because it's obvious someone hasn't gotten it to the proper department yet, and they already have his info notated on my account (second person that called verified it was there after asking for a check number to pay over the phone!!)

So my question is this, should I take his advice and ignore it, as they have his info already or should I call them?

I don't want to do something that would go against him, but I don't want them coming back on me after discharge saying they never had notice or something.

If you are worried about it, make a copy of the bk notification that was sent to the creditors (You should have received this in the mail from the trustee or your attorney). Just send that to the address they want. Often time, the credit cards have different addresses to send bk notifications to other than where you send normal payments.

Legally, you don't have to do anything, but for peace of mind, and to stop the letters and calls, it may be worth the stamp to do so.

[bige1030]

A stern warning that they may be in violation of the automatic stay is also in order - that way, they are especially aware that they are giving you a cause of action against them should they continue to contact you and try to collect the debt.