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  • mom2three09
    replied
    Originally posted by kenshirley View Post
    Do yourself a favor. Forget about the attorney. Ours did little for us with this same situation.
    Call the billing department and tell them you filed and give them the BK case number.
    If they call you after that they have a problem.
    this is what I did. I even told them if they continued to send bills/collection notices we would consider sueing them for violation of our bk stay. A few days later I received yet another bill from them. Ofcourse I've saved them all.

    Leave a comment:


  • kenshirley
    replied
    Do yourself a favor. Forget about the attorney. Ours did little for us with this same situation.
    Call the billing department and tell them you filed and give them the BK case number.
    If they call you after that they have a problem.

    Leave a comment:


  • justbroke
    replied
    Originally posted by hamburgervol View Post
    I haven't been discharged yet. My BK is still active. 27 days past my 341.
    Well, they still should not be contacting you. Please follow Mrs. Cat's advice and send a certified letter.

    I'm sorry to get on my soapbox, but these creditors only learn when they are faced with or threatened with Sanctions.

    Leave a comment:


  • AngelinaCat
    replied
    Originally posted by hamburgervol View Post
    I received another (2nd) notice regarding a medical expense from a hospital that we included in our BK(yes they were in our matrix). I notified my attorney when we received the first one 30 days ago. He said to throw it in the trash. I received another one! This one states it will be turned over to outside collections.

    Should I wait to see if they turn it over to collections and then bust their bubble for violating the stay or should I tell my attorney again?

    FWIW..I'm about 33 days from discharge.
    As bankruptcies increase, the creditors are becoming more aggressive. They are counting on us poor debtors being too poor, (or too stupid) to do anything about their tactics.

    If your attorney does nothing, my advice is this:

    Take a copy of your 'Suggestion of Bankruptcy' notice along with a copy of your mail matrix and yellow highlight the creditor's name and address on that page. Find, print and highlight a copy of the applicable BK law. Then compose a letter informing the creditor of their violation of the automatic stay.

    Send all of this to the creditor, registered and return receipt. For good measure, if your attorney has not responded, or will neot help you, send courtesy copies to the attorney AND to your trustee. THAT will get the attorney's attention.

    Good luck to you.

    Leave a comment:


  • indigoblue
    replied
    I believe that they are technically included even if they aren't listed. Simply call them with the atty info.

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  • mom2three09
    replied
    We have been getting collection notices on a debt that was included in our bk too (Brinks Home Security). I double checked to make sure they received notice (which they ofcourse did). I called them to remind them of our bk situation but we're still receiving bills and just received a collections notice the other day. I'm contacting our attorney tomorrow.

    Leave a comment:


  • hamburgervol
    replied
    Originally posted by justbroke View Post
    No. Contact your attorney again and ask him if he is going to do anything, or if your services agreement doesn't do anything. He may charge you to respond to that notice. Ask him how much to respond.

    Or, you can send a nasty letter along with a copy of your discharge order and injunction to the creditor and let them know that if they so much as look at you again... you will ask the court to find them in contempt of the discharge INJUNCTION and for sanctions.
    I haven't been discharged yet. My BK is still active. 27 days past my 341.

    Leave a comment:


  • justbroke
    replied
    No. Contact your attorney again and ask him if he is going to do anything, or if your services agreement doesn't do anything. He may charge you to respond to that notice. Ask him how much to respond.

    Or, you can send a nasty letter along with a copy of your discharge order and injunction to the creditor and let them know that if they so much as look at you again... you will ask the court to find them in contempt of the discharge INJUNCTION and for sanctions.

    Leave a comment:


  • hamburgervol
    started a topic received another bill

    received another bill

    I received another (2nd) notice regarding a medical expense from a hospital that we included in our BK(yes they were in our matrix). I notified my attorney when we received the first one 30 days ago. He said to throw it in the trash. I received another one! This one states it will be turned over to outside collections.

    Should I wait to see if they turn it over to collections and then bust their bubble for violating the stay or should I tell my attorney again?

    FWIW..I'm about 33 days from discharge.

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