Question on a bill that was included in BK!

[bluegirl2005]

I need some help!! I had a JCPenney card that I filed on now they are calling my house for my husband and senting him my statements, he never sign for the card never used it!! (I thought about paying it before I filed cause it wasn't that much but my lawyer said why (why don't you just include it and start fresh) anyways that's what I did (included it) now I'm having terrible time with them.

I talk to my lawyer about it and she said to contact them!!! She seems to think they are just trying any method they can to get their money!!! Will they talk to me since I'm currently in the automatic stay if I call about the bill?

Anyone had any experience in this type of situation? tips on what I can do?
I sure would appreciate any feed back.

[bluegirl2005]

I think I posted this in the wrong section!!!
Sorry!!

[lrprn]

Bluegirl, when did you file? Did you file 7 or 13? Was JC Penney included on your creditor list and are you sure they were notified at the right address?

If Penneys was included on your creditor list and they were indeed notified, then if more than one month has passed since you filed, Penneys is in major violation of the automatic stay.

Frankly I'm very surprised that your lawyer would tell you to contact Penneys directly yourself. No contact should ever be needed between yourself and any of your creditors after filing. Your lawyer should be handling all of this for you.

Go check your bankruptcy paperwork and be certain Penneys is listed as a creditor and they did receive a letter of notification from your lawyer. Something just doesn't feel right about this situation. Come back and let us know what you find. Don't contact Penneys yourself until you do.

[bluegirl2005]

Hi there,
I will check to make sure they were included I'm pretty sure they were!!! I only had 3 CC's and a few hospital bills that was included in my BK!

I was suprise also that my lawyer told me to call them. I thought she was suppose to do all the contacts.

I filed Ch7 my 341 meeting was suppose to be held June 21 but was rescheduled by the trustee. It was finally held July 19th.

[lrprn]

Just had another thought, bluegirl - a couple of questions first.

Did you file Ch 7 on your own or with your husband? Is your husband an authorized user or a cosigner on the Penneys card? (One way to tell if Penneys considers him a cosigner rather than an authorized user is that the bill arrives in both of your names, not just yours.)

[bluegirl2005]

I was the one that filed!!! He didn't have anything to do with my BK.

The JCP statements always came to me in my name!! (never his) I've had the card for about 10 or so yrs.
Now they are sending the statements to him in his name (only)!!

I was shock when the statements start coming in his name he never co-sign for the card never used it.

[lrprn]

I was the one that filed!!! He didn't have anything to do with my BK.

The JCP statements always came to me in my name!! (never his) I've had the card for about 10 or so yrs.
Now they are sending the statements to him in his name (only)!!

I was shock when the statements start coming in his name he never co-sign for the card never used it.

Then as just an authorized user, your husband is not responsible for the debts on your card. Penneys is just hoping he will pay the bill to prevent any damage to his credit rating.

Have you checked your husband's credit report to see if Penneys is reporting this deliquent payment to the three credit agencies? He can get one free credit report a year from AnnualCreditReport.com at https://www.annualcreditreport.com/cra/index.jsp

If Penneys is reporting this on his credit report, then they are in violation of the Fair Credit Reporting Act. Your lawyer can stop the bills by sending Penneys a registered letter stating this and asking them to produce a copy of any agreement he signed making himself a cosigner and therefore responsible for the debt. Legal action can be taken if they don't stop billing your husband for your debt.

[bluegirl2005]

Thanks lrprn, for the information.
I'll go & check out his credit report!!