Case ID # ???/

[ssmdem]

I asked my attorney when we filed on Tuesday whether I needed the case ID # to give to creditors who might still call before they get notice. She told me just to tell them to call her and she'd handle everything. I get that - and I'm fine with that, but one creditor in particular (Bank of America) is driving me crazy. I signed up for Pacer and I see the Case ID# on there. I'm assuming that's the one they're looking for - right? Am I hurting anything though by giving it to them since my attorney said to just tell them to call her?

I also received a letter from Zackheim and Associates -- says they are representing Citibank and to contact them if I wish to dispute the debt, blah, blah, blah - the usual. They are not listed on my matrix because I received the letter after I filed -- my attorney just said to forward anything to them that I might receive after the fact. Any additional debt I'm charged $75 to add on -- I'm guessing this isn't the case with this since it is a NEW debt - hoping anyway -- but though I would at least contact them and tell them we've filed so they'll quit calling as well. Just really trying to figure out if I'm creating any problems by giving them this case number and if it is definitely the number I see listed on Pacer.

[mizzmonick19]

Hi ssmdem...I filed chpt 7 bk nov. 12th of this year, and the same day I called the law office and the paralegal gave me my case number and other info...I asked her should I ignore the phone calls until they receive notice, she said they handle everything too and to give them the office number...but I went ahead and answer every phone call and informed them that I filed bk chpt 7 and the case number, they will ask for you lawyer info...I did that to cease all phone calls, because they will not be notified for about two weeks after you file. That ceased all phone collection activity for me. Also, I had the same thing happen with a debt, it was sold to a collection agency and I called my law office, she informed me as long as the OC is on the matrix...they the collection agency can't collect anything...so you add them if you want but once you receive the discharge you can then inform them they were included...someone correct me if am wrong...this info came from the paralegal at my law office.

[AngelinaCatHub]

Hate to tell you this, but your lawyer is ripping you off charging you $75 bucks per added creditor. It costs a one time fee of $26 to amend your schedules (adding creditors). Now DO NOT make new ones as you have filed. Your case number is called docket number and usually starts with the year as 10-12345.. It will not hurt to tell a calling creditor and they have every right to call you if you cannot prove a docket number or they have not received the "suggestion of bankruptcy" that your matrix implements and is the official notice. If you do supply the case number (docket number) then the automatic stay becomes a legal block for them. If they have not been notified, they are not breaking the stay legally. No one has to be a mind reader. Yes it is a good suggestion to tell them to call your lawyer, but make sure he isn't charging you extra. His price is too high to add to your matrix. 'Hub

[mizzmonick19]

I agree...my lawyer is $35 to amend my matrix...

[AngelinaCat]

Once every creditor gets the notice of your 'Suggestion of Bankruptcy', they should not be contacting you. Though these are sent via snail mail, a two week lag period is understandable. If you choose to answer the phone, go ahead and give the case number, then give them the attorney contact info. You are not doing wrong. But if they continue to bother you after they had a reasonable time to get your notice, you need to inform your attorney.

[ssmdem]

I have absolute faith in my attorney -- LOVE HER!! and her staff as well ) My total cost to file has been $2500, and she's been worth every penny. She's a part-time trustee as well and has gone over everything with a fine-tooth comb to make sure nothing is going to stand out . On filing day, we had a "mock 341" so we would feel comfortable at the real one. I have no problem with her charging extra for having to go back in and add creditors that I might had forgotten - she's trying to make a living too. And she's been fielding creditors for me for over three months now with just the $400 retainer fee I gave her back then until we were ready to file. So, no she's not charging extra for that at all. Bank of America just keeps calling -- I just keep ignoring.

I had asked her about this firm because I had received one call from them the day before we filed - I wasn't at home to speak with them - but I did know they were representing Citibank. She said if we got anything from them to just forward it to her, as long as it wasn't a new debt, that she would handle it. So this doesn't sound like anything that she would be charging for since it isn't new debt - I'm sure they'll just contact them and tell them we've filed. They've been very upfront regarding fees, so I can't see them slipping this in without telling me first about an added fee.

[despritfreya]

I preface this by saying that I have not read the posts above this. . . only read the original post:

I asked my attorney when we filed on Tuesday whether I needed the case ID # to give to creditors who might still call before they get notice. She told me just to tell them to call her and she'd handle everything..

1. You will get a copy of the Notice of bk filing from the Court. It will have your Case Number. And, yes, it is the number you saw on PACER.

2. But for the fact that you already have your case number, I would have told you to call the attny and ask for your case number. It is your number, and is not a secret.

3. As creditors call, you give them the case number AND the name and phone number of the attny.

I also received a letter from Zackheim and Associates -- says they are representing Citibank. . . They are not listed on my matrix because I received the letter after I filed -- my attorney just said to forward anything to them that I might receive after the fact. Any additional debt I'm charged $75 to add on -- .

If the attny charges $75 so be it, but it does not cost $75 to add someone to the mailing matrix. But for the 5 minutes or so it takes to use the ECF system, it costs nothing to add someone to the matrix. Assuming Citibank is already on Schedule F, the attorney is not amending Schedule F which would have a Court fee of $26 and additional paperwork. All the attny is doing is opening ECF, clicking on "add creditors" under the "creditor maintenance" window, typing in a name and address and then hitting the "enter/submit" button. Not a big deal.

Des.

[ssmdem]

But for the fact that you already have your case number, I would have told you to call the attny and ask for your case number. It is your number, and is not a secret.


If the attny charges $75 so be it, but it does not cost $75 to add someone to the mailing matrix. But for the 5 minutes or so it takes to use the ECF system, it costs nothing to add someone to the matrix. Assuming Citibank is already on Schedule F, the attorney is not amending Schedule F which would have a Court fee of $26 and additional paperwork. All the attny is doing is opening ECF, clicking on "add creditors" under the "creditor maintenance" window, typing in a name and address and then hitting the "enter/submit" button. Not a big deal.

Des.

Oh - I agree - and I know she would give it to me. I just asked her if I needed it, and she said, "Just tell them to call me if someone calls. The phone should quit ringing in about two weeks anyway." I just wanted to keep up with everything myself as well - just my personality - so when I saw the number in Pacer, was just wondering if this was the number that Bank of America was asking for.

Citibank is definitely already on the schedule. And again, guess I worded it all wrong in the beginning....I really don't think she was implying this would be an extra fee since this debt is already listed -- she just told me to forward anything to her that I might get in the mail from them. I had just planned to call them myself today and was making sure that the case number I had was the right one to give them.

[ssmdem]

Done -- they're called --- documented it and said they would "notify their attorneys." Can't wait to get to the 341 and hopefully be done with all this mess. That's scheduled for February 9th -- 8 weeks out -- was hoping for sooner than that, but just glad we're almost done.

[HHM]

Hate to tell you this, but your lawyer is ripping you off charging you $75

I don't agree with the nickel and diming aspect of this, lawyers should charge a flat fee and cover everything (but many clients can't afford what a BK really costs), but it is NOT A RIP OFF. First, the court charges $26 dollars to amend to add a creditor. Second, to do an amendment,

Someone at the firm takes the call from the client.
Then that message is communicated to the attorney.
The attorney needs to review the file and instruct the assistant what to do
The assistant or attorney calls, or emails, back and says, okay client, here is what we need to do
Then someone has to make a to-do, set a deadline, for a staff person to do the amendment
Then, someone needs to drop what they are doing,
review the file,
get the information from the client,
verify the correct address,
do a plan amendment form,
edit the schedule,
finalize it,
usually there is a review process,
save it to the file,
file the schedule with the court
print notices,
affix address,
and send out notices,
then the court will send confirmation,
make sure there are no deficiency notices from the court,
then create and file the certificate of service,
that is reviewed and saved and so on.
Review the confirmation that the certificate of service was properly filed.

By the time all is said and done, if you really add-up the time spent, it takes bout 45-60 minutes to amend a schedule from the second the client calls saying they need to add a creditor to receiving confirmation that the certificate of service was properly filed with the court. That time COSTS something.

So, I think it is helpful to have some perspective on what actually happens behind the scenes before you claim someone is being ripped off.

[ssmdem]

I don't agree with the nickel and diming aspect of this, lawyers should charge a flat fee and cover everything (but many clients can't afford what a BK really costs), but it is NOT A RIP OFF. First, the court charges $26 dollars to amend to add a creditor. Second, to to an amendment,

Someone at the firm takes the call from the client.
Then that message is communicated to the attorney.
The attorney needs to review the file and instruct the assistant what to do
The assistant or attorney calls, or emails, back and says, okay client, here is what we need to do
Then, someone needs to drop what they are doing,
review the file,
get the information from the client,
verify the correct address,
do a plan amendment form,
edit the schedule,
finalize it,
usually there is a review process,
save it to the file,
file the schedule with the court
print notices,
affix address,
and send out notices,
then the court will send confirmation,
make sure there are no deficiency notices from the court,
then create and file the certificate of service,
that is reviewed and saved and so on.
Review the confirmation that the certificate of service was properly filed.

By the time all is said and done, if you really add-up the time spent, it takes bout 45-60 minutes to amend a schedule from the second the client calls saying they need to add a creditor to receiving confirmation that the certificate of service was properly filed with the court. That time COSTS something.

So, I think it is helpful to have some perspective on what actually happens behind the scenes before you claim someone is being ripped off.

Thanks - this is what I meant by "they have to earn their living too" - regardless of how much time it might or might not take. They're doing me a service, and I expect to have to pay them something to do it. Personally, I think this firm has been amazing and would recommend them in a heartbeat. We talked to four attorneys before choosing her, and she was not the cheapest - which no way in the world would I have trusted THAT one to handle this for me, but she wasn't the most expensive either -- and I think I've gotten way better service from her than I would have the pricey firm. When I read on here about people still waiting weeks and months to file after they've paid their attorneys, I just scratch my head. She asked me at our 2nd meeting when I gave her all my paperwork if I was ready to file in a couple of days, and I told her I needed to wait for one more paycheck in order to be able to pay her -- which was a week away. She said, no problem, got me in the next day after that. She's always been quick to answer emails and return phone calls - very pleasant and understanding. I'm not one to spend more money than I have too, but I definitely think you get what you pay for too. The assurance that I know they're on my side and handling all this for me is such a relief.

[ssmdem]

And they all definitely have received notification. Last week, I could still access all of my accounts online. Just tried again, and they've all been removed, with the exception of Bank of America - the one that keeps calling - go figure. Glad I pulled all the statements beforehand that I might need and saved them on my hard drive. That was a tip I learned on here -- thanks to whomever thought to remind me to do that!

[tcreegan]

Hi ssmdem,

Nobody should be calling after they get the BK notice. If they do, remind them they are violating the BK automatic stay and you will record the communication for possible prosecution. Amazing how fast they can go away....

Zach. & Associates are collection hacks for Citibank, if they contact you again send them a copy of the BK notice w/ case # and file date. Knowing megaconglomacorps, the BK notice to Citibank probably won't filter down to them, if you clue them in they will be oopps! So sorry!

Glad to hear you have a good attorney! She seems worth her weight in retainer fee...

Tom in Colo

[ssmdem]

Hi ssmdem,

Nobody should be calling after they get the BK notice. If they do, remind them they are violating the BK automatic stay and you will record the communication for possible prosecution. Amazing how fast they can go away....

Zach. & Associates are collection hacks for Citibank, if they contact you again send them a copy of the BK notice w/ case # and file date. Knowing megaconglomacorps, the BK notice to Citibank probably won't filter down to them, if you clue them in they will be oopps! So sorry!

Glad to hear you have a good attorney! She seems worth her weight in retainer fee...

Tom in Colo

Yes, the tone of the lady who answered my call this morning when I called to let them know that we had filed and give them the case number immediately changed when I gave her the case number....."Oh, well ok. I'll let the attornies know."

So, are they a collection agency??? Or are they just representing Citibank? Just wondering if Citibank had sold the account.

[tcreegan]

Hi again ssdem,

Zachiem & Associates appears to be a couple lawyers running a collections operation out of central Florida. They have been sued at least 6 times since July for violations of the Fair Debt Collection Practices Act They seem too small to be buying debts, I'll bet they are collections only.

As a CYA move, when you get the BK notice w/ case # and file date, send them a copy, certified mail return receipt requested.

Tom in Colo