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    Creditor included in bankruptcy now wants payment

    I filed bankruptcy last July and all progressed as normal. Now a company that was included in the bankruptcy contacted me via their attorney asking me to settle. It involves a truck that had a lien on it by the company, title held by the bank due to a loan and when the loan was paid off the title was sent to the sheriff as the bank didn't send in the reaffirmation paperwork. What are my options? Thanks for any help anyone can provide.

    #2
    Sorry if I’m not understanding, but do you have your copies of reaffirmation? If so, show them to all. If the creditor was listed and you do not reaffirm they are done. If you wish to own the truck get on the phone. ‘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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      #3
      It isn't the bank wanting the truck. It was a creditor that had put a lien on it before I filed bankruptcy. I have already given the creditors a copy of the paperwork that shows them included in the bankruptcy but now their attorney sent me a letter wanting me to settle with them.

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        #4
        Originally posted by horselover52157 View Post
        It isn't the bank wanting the truck. It was a creditor that had put a lien on it before I filed bankruptcy. I have already given the creditors a copy of the paperwork that shows them included in the bankruptcy but now their attorney sent me a letter wanting me to settle with them.
        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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          #5
          Well, you included them in the BK. It sounds like this is a huge violation. Do you still have your attorney information handy? Contact your attorney and have him send a letter to the creditors attorney. A letter that will scare the daylights out of that attorney. If that does not work, have your attorney bring that creditor to Federal Court to pay monetary sanctions to your attorney and additional monetary damages to you.

          Read this link: (a portion is copied here for you to review)

          "[B][/B]


          To read more go here: http://findarticles.com/p/articles/m..._/ai_n21399600
          Last edited by StartingOver08; 12-27-2008, 04:14 PM.
          Filed CH 7 9/30/2008
          Discharged Jan 5, 2009! Closed Jan 18, 2009

          I am not an attorney. None of my advice is legal advice in any way..

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            #6
            whats the lien for? Is it for something that is dischargable?
            Chapter 7 07/30/2008
            341 09/17/2008
            Discharge 11/21/2008

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              #7
              Originally posted by TEW View Post
              whats the lien for? Is it for something that is dischargable?
              It was for money owed the creditor at the time of the bankruptcy and yes it was discharged in the bankruptcy.

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                #8
                Go get em! You deserve those penalty fees for the dunning after discharge!
                Filed CH 7 9/30/2008
                Discharged Jan 5, 2009! Closed Jan 18, 2009

                I am not an attorney. None of my advice is legal advice in any way..

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                  #9
                  They can't legally do that. Go penalize the idiots.
                  Chapter 7 filed 10/21/2008
                  341 - 11/26 went smooth NO ASSET
                  Took 115 days after 341 - But Finally DISCHARGED 3/25/09

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                    #10
                    Thanks everyone. I'm calling my attorney Monday.

                    Comment

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