Is it legal to refer a debt to a collection agency after you have filed? Owed local hospital and they were listed on my matrix for chapter 7. They continued sending me statements so I sent them a copy of my Petition -- didn't stop them -- so I called and told them. They told me they would then turn it over to collections. Just got a notice from collections asking for payment.
-
-
No, it's not. They are not allowed to attempt collecting on the debt after you have filed.
Call them, and record the call. Let them know you are recording the conversation. Tell them that what they are doing is a violation and to cease and desist all collection efforts. Also do this once you hear from the new collector. Send them a letter, certified with a return receipt, advising them of your filing, case number, and let them know that further collection efforts will force you to sue them for violating the automatic stay.
Keep records and tell your attorney.I may be smarter than an attorney, but I'm not one. No legal advice here, people.
Filed Ch. 7 pro se on 10/22/10
341 on 11/19/10 
Report of No Distribution Filed on 11/19/10
Discharged 1/19/11 
Closed 2/2/11 -
As soon as they are informed about your filing, they are not allowed to ask for payment. Neither the hospital nor the collection agency/department. In fact, they are not even allowed to attempt to collect even if they DON'T know about your filing - they just can't be held liable for it.Originally posted by msm859 View Post
But from the moment on they are informed, any attempt to collect is a wilfull violation of the automatic stay.Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.Comment
Comment