increasing and continued collection attempts after 7 filing

[jtindisguise]

Hi all,

I filed 7 and completed my 341 about 6 weeks ago. Even now, actually, especially now, I am getting a lot of collection attempts. I even got a civil suit filed against me this week! Is this normal? I am unsure if my attorney notified all of my creditors or are they just ignoring my filing? I have been sending copies of the collection attempts to my attorney but I don't think he is doing anything about it. What can I do to let these creditors know that I have filed?

[kenshirley]

Many attorneys don't care.
When they call, or you can email your accounts, give them your case number, the date filed and tell them they are in violation of the court stay and that if they call again you will report the matter to the court.
That will quiet things down a bunch.

[music12]

kenshirley gives you perfect advice. i would add that for the civil suit filed you send a copy of your notice of filing to the court where the suit was filed. also have a conversation with your attorney - he might not have gotten around to it, but you deserve legal advice about what to do if he does nothing.

[lrprn]

I filed 7 and completed my 341 about 6 weeks ago. Even now, actually, especially now, I am getting a lot of collection attempts. I even got a civil suit filed against me this week! Is this normal?

No, it's not normal. Each of these creditors is violating your automatic stay - a big no-no.

Have you been giving these creditors your case number when they call?

Please forgive me, but I have to ask the obvious question....are every one of the creditors that are contacting you and the creditor that filed a civil suit against you all listed on your creditor list that was filed with the court?

Your lawyer really needs to start dealing with this. Since six weeks has passed, you should not be getting collection attempts any longer. Get him involved and get him sending out letters threatening legal action if these creditors do not stop violating your stay. And for heavens sake, he needs investigage what's going on with the newly filed civil suit immediately. Make yourself a pest. Call or email daily. Make an appointment to see your lawyer in the office asap. Don't take no for an answer.

[jtindisguise]

Good advice lrprn. To answer your question, yes, all of these creditors were included in my filing... I think. My paperwork I completed for my attorney was extremely detailed and I am 1000% sure I included everything.

No creditor is calling me.... just sending statements by mail. I have been scanning and emailing them to my attorney weekly and they still continue. BofA is the worst by far.

I think I will just schedule an appointment and make my point face-to-face.

[StartingOver08]

Did you check your matrix in your petition?

Go to Pacer http://pacer.psc.uscourts.gov/
Check your case, check your matrix. It seems very odd that you would have so many contacts after filing. Then call your attorney and sit down with him to discuss these violations.

[AngelinaCatHub]

Did you check your matrix in your petition?

Go to Pacer http://pacer.psc.uscourts.gov/
Check your case, check your matrix. It seems very odd that you would have so many contacts after filing. Then call your attorney and sit down with him to discuss these violations.

This too is exactly what I was going to suggest. However, check that the "Suggestion of Bankruptcy" (what it is called) has a matrix attached to it with the proof of mailing (I forget the legal term). 'Hub

[OhioFiler]

This too is exactly what I was going to suggest. However, check that the "Suggestion of Bankruptcy" (what it is called) has a matrix attached to it with the proof of mailing (I forget the legal term). 'Hub

They say the memory is the first thing to go!

[aces67]

Definitely check your Matrix and speak with your lawyer. I had one creditor I was having problems with so I sent them proof of my filing by certified mail with return receipt. That way when they argued with me that they weren't notified I was able to say Oh yes so and so signed for notification on such and such date.

Good Luck!

[MSbklawyer]

Attorneys should pursue violations of the stay more aggressively. It's a lucrative part of a bk practice. I wish I got more of them.

Presumably, the creditors get the notice from the bk court. If they continue to call, however, I give them a shot across the bow with a warning letter and a copy of the petition by certified mail. 99.9999% of the time that stops the collection efforts. Some attorney's don't even send the warning letter before filing the AP, but I believe it to be the better practice. Cuts off the "Well gee, judge we didn't know about the bk because we're a giant corporation and get mail by the truck load every day and we may have just missed it but gosh don't sanction us for an honest mistake" excuse.

After that, I file an Adversary Proceeding. The creditor pays my hourly attorney fees, plus we put 1500 to 2000 in the client's pocket.

A happy client is a client that just got a check for about the same amount as he paid the lawyer in attorney's fees.

[dingdong]

Dang! I wish you were in California! You would have a client in me for sure.

I have a local CA that is dun happy and they have been dually notified by the court twice plus placed two hards on my CR, continue updating the accounts monthly so I get new alerts from Myfico that I have a negative account reporting so they have seen the public record notation of the BK on my reports twice as well.

I am meeting with a local BK attorney ( I filed pro-se). I am hoping he is aggressive and wants to go after the futher mucker CA.

I really feel the creditors need to play by the rules, I can see a one time computer slip up, where a demand is sent before the BK is properly handled in house, but to constantly harass a debtor over BK'd debt is unacceptable.

[music12]

MSbklawyer, how does the fee issue work in a situation like this? do you have your client pay your fees first and then get reimbursed if you win? or do you do it on some kind of contingency?

[MSbklawyer]

MSbklawyer, how does the fee issue work in a situation like this? do you have your client pay your fees first and then get reimbursed if you win? or do you do it on some kind of contingency?

I always do it on a contigency fee basis. If you have the registered letter, it's a slam-dunk case. I keep track of my time and expenses at our usual hourly rate and ask for $10,000 damages for the client plus reasonable attorney's fees. They nearly always settle - the creditor pays 1000 to 2500 for the clients trouble plus my fees.

[music12]

i see, that's good! i hope other lawyers are like you.

what about if somebody files an AP against the debtor? is it a similar fee arrangement?

[MSbklawyer]

i see, that's good! i hope other lawyers are like you.

what about if somebody files an AP against the debtor? is it a similar fee arrangement?

Thank you.

That's would be a case-by-case determination. Come to think of it though, in 15 years of practicing bk law, I've never had a creditor file an AP against a debtor. They've filed things like lift stay motions, adequate protection motions &c. which are all considered "contested matters" and are part of the base fee, but never an AP.