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"New" (Duplicate) Creditor, 2 Months After Filing!!!

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    #1

    "New" (Duplicate) Creditor, 2 Months After Filing!!!

    I filed over 2 months ago, and today I receive a new collection agency letter from my 2nd largest debt, $3,000 owed to my old credit union. Prior to filing, this credit union had not sent the debt to any other collection agency and were still trying to collect it themselves. I just checked my credit report, and I see that they checked my credit report 10 days after I filed. It is abundantly obvious to me that they intentionally gave this account to a collection agency knowing full well that I filed bankruptcy, completely and totally after the fact and I have no doubt in my mind this is true. Do I have any recourse to this? Should I call them and or the new collection agency? What should I say? Should I amend my filing with this creditor even though I'm only 1 month from potential discharge, and is it necessary for me to amend? I am getting the feeling that they read my 341 notice and thought it acceptable to to sell off their debt of a pro-se debtor who has no representation. I paid this bank thousands in interest over the years, and I wish this bankruptcy had never happened, but I'll be damned if these rap0rs will screw up this 2nd chance for me.

    You guys are awesome and I really hope someone can come through for me with advice on the right thing to do about this.
    Last edited by FilingOnMyOwn; 12-21-2005, 03:21 AM.
    Tags: None
    #2
    Contact the debt buyer, let them know you filed BK, give them Lawyer, Case and trustee number and let them know this debt was included in BK and they get nothing.

    You WILL make their day (Evil laughter)

    Comment

      #3
      Its very likely they didn't intentionally sell/transfer the debt. You filed 10/13, creditor notices would have gone out around the 19th or 20th at best. Depending on how busy your court was, maybe not even then. Your CU is likely local to where you filed, so they may have known about it 7-10 days after you filed, maybe not. There is generally a little time between them sending the account off & the CA getting it, and its probably standard practice for the CA to run a credit report on new accounts. (I looked up some cases filed in my district on 10/14, and notices didn't go out for a couple of weeks.) If you have Pacer access, there should be a document filed confirming when notices were sent.

      They pulled your credit in October, have you received any correspondence from them? If not-its a good sign that they saw the BK and returned the account. If they bought the account from the CU, they would probably have a 30 day window to return it to the original creditor. Regardless, a pure commission job is not going to waste effort on an uncollectable debt.

      Cover yourself-notify them by phone and by mail that you filed BK & give them the pertinent info. Its good to make them aware, as its better if the CA never shows up on your credit report.
      Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

      Comment

        #4
        more then likely the CU didnt know. it doesnt benefit them to do that.

        i would call the CU to tell them about your BK. then i would call the collection agency and tell them as well. mail them the cover page of the petition with the bk case number and your info certified mail. if you didnt know about them before you filed and left them off by mistake then in most cases that is ok to leave them off. no reason to add them really.

        its up to you though. if its easy and makes you feel better then add them. as for any other worries there are none. but, make sure you concat them right away so they do not show the collection on your record as a new account or add stuff. no great big deal if they do but why not try to stop it.

        nothing to worry about here my friend.
        Im not an attorney or a trustee. You cant trust me either though!

        [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
        [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
        [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
        [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

        Comment

          #5
          Well, I called the credit union and thats what they told me, that they hadn't received the notice when they sent it out. So I called the new collection agency to tell them I filed bankruptcy, and within about 5 seconds the lady basically told me I was lying to her and hung up the phone on me. What do I do now?

          Comment

            #6
            lol no way. get her name and document what time you called her. thats seems strange. keep your notes nice and simple.

            next time ask for a fax number. then send them the copy.

            its strange for them to say that cuz they dont want to pay fines for contacting you after you told them.

            tell them one more time and send them a fax with proof imo.
            Im not an attorney or a trustee. You cant trust me either though!

            [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
            [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
            [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
            [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

            Comment

              #7
              Notify the credit union. I'm sure they don't want to get in trouble for bad practices of their collection agency.

              Originally posted by FilingOnMyOwn
              Well, I called the credit union and thats what they told me, that they hadn't received the notice when they sent it out. So I called the new collection agency to tell them I filed bankruptcy, and within about 5 seconds the lady basically told me I was lying to her and hung up the phone on me. What do I do now?
              Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

              Comment

                #8
                Well, I sent them the petition certified mail. I hope this will be enough, but something gives me the feeling they are going to pawn it off unto another collection agency, unto another, and another .....

                Comment

                  #9
                  you are worrying about this too much imo. i just want to help you understand that 1 - they probably wont do that at all. if they did then they would be in big trouble, 2- even if it somehow did get moved you are in bk. no one wants to talk to you in bk cuz you aint got no money and are wasting their time, plus if they wanted money thtey would just go to the trustee and get it and 3-you are ultimately protected in the stay anyways.

                  you are going to be just fine
                  Im not an attorney or a trustee. You cant trust me either though!

                  [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
                  [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
                  [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
                  [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

                  Comment

                    #10
                    If you received the notice the original creditor did also, they are the ones obligted to information anyone whom they sold your account to or who is handling your account on your behalf, any creditor who contacts a debtor after being notified that they filed for bankruptcy is in violation of the automatic stay and you could report them to the court and they could be sanctionedl Stand up for yourself and next time they contact you you will informed the court and seek damages for their contempt. Good luck

                    Comment

                      #11
                      Thanks for all the advice, I will be keeping a close eye on to see what happens next.

                      Comment

                        #12
                        No harm in that!

                        Originally posted by FilingOnMyOwn
                        Thanks for all the advice, I will be keeping a close eye on to see what happens next.
                        Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                        Comment

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