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Question: A creditor (Lawyer) that I listed

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    Question: A creditor (Lawyer) that I listed

    in my Chapter 7 case, filed a claim against my estate because the Trustee has found assests (2n home) so when they filed their claim, they sent it overnight and they have billed me personally for the $39 charge?

    Can they do this? This was not a bill of my choosing and was at their discretion to file that claim, and they did not have to overnight it, they still have 3 weeks before the deadline passes. Another example of how these Attorneys just are in it for the bucks.

    So my questions is this: Do they have a right to bill me because they decided to put a claim in against my estate?

    All views are welcome.

    BooBoo

    #2
    Can they, YES.

    Can you Object, YES.

    Does it really matter, NO.

    Comment


      #3
      are you sure they really billed you for it? it's totally stupid. but like HHM says, it doesn't matter.

      i never heard of $39 for overnight mail - it's usually under $20 unless they mailed some insanely heavy packet.
      filed ch7 May 09
      341 june 09
      discharged, closed Aug 09

      Comment


        #4
        Yes, I got the billing from them. What irks me is that this claim against my estate is for their benefit, but the only logic to this is they are going to squeeze everything they can out of me because I listed $37K in my Chapter 7 against them.\

        BooBoo

        Comment


          #5
          Originally posted by booboo View Post
          in my Chapter 7 case, filed a claim against my estate because the Trustee has found assests (2n home) so when they filed their claim, they sent it overnight and they have billed me personally for the $39 charge?

          Can they do this? This was not a bill of my choosing and was at their discretion to file that claim, and they did not have to overnight it, they still have 3 weeks before the deadline passes. Another example of how these Attorneys just are in it for the bucks.

          So my questions is this: Do they have a right to bill me because they decided to put a claim in against my estate?

          All views are welcome.

          BooBoo
          I wouldn't lose too much sleep over it. They are likely not a priority creditor and won't get jack from your estate so in the end the joke is on them. Let the trustee worry about who gets what.
          4/2010 - Filed Chapter 7 no asset case w/car reaffirm
          5/2010 - 341 meeting, no creditors present
          10/2010 - Reaffirm finally approved and case discharged the same day

          Comment


            #6
            I know that, but they sent me the bill personally for the overnight charge for their claim filing.

            Comment


              #7
              It's probably a function of their office management software assigning you as responsible party for the mailings connected with your case.
              Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

              Comment


                #8
                So would I be responsible for this charge? I know it's not a lot of money, but it is the point to me. If they wish to file a claim, why should it be on my dollar?

                Comment


                  #9
                  Originally posted by booboo View Post
                  So would I be responsible for this charge? I know it's not a lot of money, but it is the point to me. If they wish to file a claim, why should it be on my dollar?
                  I can't think of any basis in the law for charging the debtor for expenses related to filing a claim, unless it is an over-secured claim.
                  Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

                  Comment


                    #10
                    Originally posted by booboo View Post
                    So would I be responsible for this charge? I know it's not a lot of money, but it is the point to me. If they wish to file a claim, why should it be on my dollar?
                    Quite honestly, the fact that they are mailing you a bill at all at this point in time might be a violation of your automatic stay. You might want to check with your attorney on that.
                    4/2010 - Filed Chapter 7 no asset case w/car reaffirm
                    5/2010 - 341 meeting, no creditors present
                    10/2010 - Reaffirm finally approved and case discharged the same day

                    Comment

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