CAs coming out of the wood work...

[TTATWORK]

Still planning my Ch 7. The other day, I received a notice from NCO that they are collecting an old debt - one of those junk dealers. I'm glad I got the notice now, and am wondering how many old collections I might have out there. Is there a strategy for finding out if you have something old in collections? I'd hate to file, and leave anyone out!!
Thanks

[keepmine]

Pull your credit reports.

[FreshLikeADaisy]

Yeah, I went by my credit reports as well, plus whatever documentation (like bills) I had in hand. You'll end up with multiple contacts for the same debt in your filing, but that's GOOD, so don't worry about it; your lawyer will know exactly how to list them. Good luck!!!

[epiphany]

You'll end up with multiple contacts for the same debt in your filing, but that's GOOD, so don't worry about it; your lawyer will know exactly how to list them. Good luck!!!

Sorry to jump on your thread, TTATWORK but I think this is related and could be of benefit to both of us.

Flad, glad you said that 'cause I have to do the paperwork for the attorney this week and this addresses another question I have. I had a collection agency try to collect for HBSC, who is still billing me. Do I document both the original credior and the collection agency on the same line (with one monetary amount)?

Thanks as always,
EP

[FreshLikeADaisy]

Hrm, Epiphany, what paperwork for the attorney?

I can tell you exactly how to do it on the schedules (if you were filing) but I suspect that what you have is some form from the atty that wants you to list this info out, and then he will have his staff enter it into their bk software. Assuming that's the case, then what you want to do is use separate lines for each entity (OC, CA, atty for CA, etc.) and then next to them, add who they are to what debt.

Here's an example: You have one original creditor, ABC Bank. ABC Bank has farmed your accts out to two collections agencies, XYZ Collections and DDDDC Collections. Someone decided to sue, probably the original creditor, ABC Bank, so now ABC Bank has an attorney's office that must be notified. That, and you found out that ABC Bank has another address they'd like you to use for bk notifications.

The way you do it in the schedules is pretty specific, so it will help your atty if you give him the same info in sort of the same format, listing it thusly:

ABC Bank                   (nothing here)                          $25,000.00
(address1)

ABC Bank                   Additional notification for ABC Bank
(address2)

XYZ Collection Agency      Collection agent for ABC Bank
(address)

DDDDC Collection Agency    Collection agent for ABC Bank
(address)

F. Knox Harrington, Esq.   Attorney for ABC Bank
(address)

Note that in the above example, the only dollar amount you place is next to the original creditor; the additional notifications and collection agencies need no dollar amount since you just explained their reason for being listed. Of course the situation you present is much simpler, two entries instead of five, but that's how you do them if the situation comes up.

Providing the information this way will help tremendously not only when doing your schedules, but also when compiling your creditor matrix, since the clerks (at least in my district) compare the two to ensure they match. This business of adding every single entity on the schedule, but explaining why, allows them to do just that and not have to guess at which entity belongs to which debt. Also, if you went pro se, a variation of this is exactly how you would complete your own filing.

Hope this helps. If it doesn't make sense feel free to ask; I may not have made much sense and it won't offend me if you tell me so. Good luck!!!

[epiphany]

Hrm, Epiphany, what paperwork for the attorney?

Um, the stuff he requested.

I can tell you exactly how to do it on the schedules (if you were filing) but I suspect that what you have is some form from the atty that wants you to list this info out, and then he will have his staff enter it into their bk software.

Um, I suspect you are 100% correct.

Hope this helps. If it doesn't make sense feel free to ask; I may not have made much sense and it won't offend me if you tell me so.

You make perfect sense...thank you so much! You Rock Flad!

EP

[FreshLikeADaisy]

Glad I could help. Good luck!!!

[uwlaw5856]

more questions..thanks in advance

That is a great example of how to list the creditors and collection agencies on the bk schedules..I have a few more questions.. Are the creditors and collection agencies listed this way on both the schedules and the matrix? Also, How do you make sure to have the correct address for creditors? In addition to bills and credit reports...Do you call them???

[soleprop]

That is a great example of how to list the creditors and collection agencies on the bk schedules..I have a few more questions.. Are the creditors and collection agencies listed this way on both the schedules and the matrix? Also, How do you make sure to have the correct address for creditors? In addition to bills and credit reports...Do you call them???

hi - no they're not listed the same in the matrix. the matrix is a very simple document - you can google for your state + creditor matrix example. you'll likely find something that looks a lot like this:

http://forms.lp.findlaw.com/form/courtforms/fed/cir/c5/b/msnb/msnb000015.pdf

(look at page 5 of 7, specifically).

and yes, i called the majority of mine for the addresses. i just explained i needed to know the address to send legal notices to, got no stress from anyone. good luck!

[uwlaw5856]

Thanks!

You guys are awesome. thanks for the help!

[soleprop]

FLAD just pointed me to this thread (thanks!!) and i wanted to clarify for anyone else reading this format in this thread is applicable to Schedule D, Schedule E, and Schedule F (listed out so the search can find the thread). i dunno how i didn't realize that before :P

[FreshLikeADaisy]

No problem -- one thing I just noticed is that, where I said "(nothing here)" on the schedules is not quite true. If it's a credit card or ongoing expense, you generally put the rough dates that you had the credit card (or ongoing expense) like:

"Credit card, active 1992 - 2004"

"Cell phone, active 12/05 - 3/07"

"One-time air conditioning repair, June 2007"

You see how it works. Anything like that will do. But if you happen to leave the type of debt and time frame off, it's no big deal: the trustee can always ask you, and things like credit cards tend to be self-evident anyway.

It's much more important that your schedules match your matrix, and doing it in this particular format allows the clerks to do the matching quickly and easily.

Sorry for the inadvertent omission -- I think that's the "variation" for pro se filers I was referring to, and left out for clarity. Good luck!!!