Question

[diesel824]

I have a question.. I received a call from a creditor today regarding something that was included in my bankruptcy.. Well I called the number back and the guy asked me if I wanted to take care of the balance.. I told him that it was included in my bankruptcy.. He then said that they have no record of a bankruptcy and they were filing a lawsuit against me this week.. I attempted to say something and he hung up on me.. Well when I got home I called back to give him my case number and my attorneys phone number.. I told him it was me again, he asked if fI wanted to take care of the balance.. I said no and that I had spoken with my attorney and he then immediately hung up on me again.. I called the number back and asked the woman that keft me the messgae why he keeps hanging up on me.. She apologized and I gave her my case number and attorney phone number and she said that she would take care of it for me..

I have no clue if she will really take care of it for me but that's all I could do since the other guy kept hanging up on me.. My last day for objections was 4/4/08 so that's passed.. I'm just waiting for the discharge.. Should I be worried about this or just let it go since the amount was indeed included in my bankruptcy and it's passed the deadline for objections..

I'm sorry if this seems like a dumb question I just tend to worry too much sometimes..

[lrprn]

If you included the unsecured debt in your bk filing, then the debt no longer exists and no one has a right to ask for payment. You are getting the run-around from a strong-arm collector that hopes you aren't savvy enough and will pay up when you don't have to (and sadly there are many people who do just that out of fear when "filing a lawsuit" is heard ).

If this original creditor or collector who bought the debt calls again, contact your lawyer immediately so he/she can send them a strongly worded letter to stop contacting you or legal action will be pursued for their blatant violation of your automatic stay. If your lawyer isn't interested, then send a certified, return receipt letter to this outfit yourself. (Doing this on the phone gives you no paper trail.) That ought to do the trick.

And if it doesn't and this creditor does "file a lawsuit this week", you've got them because then they've harmed you and you are set up perfectly to take them to court for violation of the automatic stay and win court costs, your lawyer's fees, and $1000 for every time they've contacted you to boot!