Some collectors still calling

[InLimbo]

Although the phones are pretty much silence now, we still have several creditor/collectors calling. It's been a month since we filed and I realize maybe they haven't received their notices? My husband picked up phone the other day, gave the guy our attorney's name, number and case number and the collector continued to badger him for more information. Well, he got ticked off at the guy and told him that's all he needed to know and not to call here again and the guy still continued for more infor (what chapter we filled, what date, etc.). Do we have to give them additional infor other then what my husband gave? Also I had a strange call the other day myself at work. We included our part of a doctor bill (I will never go back to these jerks, they were awful when I went) which was only 92.00 after the insurance paid their huge bill for unnecessary services they performed at my one and only visit. I had a lady from the doc's office to call and ask for my husbands SS# and DOB. She said she needed file some old claims on me. I couldn't talk to her at work (my boss was listening) so I told her I would call her back, which I didn't. I'm sure they have already received their papers of our filing and they have ALREADY filed with the insurance last year when I went, so what makes them think the insurance is gonna pay my part too?? Plus she already had my husbands SS and DOB when they filed the first time! So, wonder what the heck was up with that

[poorme]

All you need to give them is your case nbr, and how to contact your attoreney. Sleep peacefully!

[lrprn]

A month should be enough time for the bk notice to wind its way through a company. You may be dealing with sold debts to collectors after you filed who weren't directly notified, but they still should not be continuing to call once you give them your attorney's name and contact information and your case number.

Once you've given them this information, HANG UP! Staying on the phone and talking to them is very risky because they are trying to get you to say something they can use against you. These calls are typically recorded and you can damage your case if you innocently say the wrong thing to these vultures.

Give the name of these companies who continue to call you (they have to identify themselves - it's the law) to your lawyer who will send out a threatening letter telling them to stop all contact immediately or you will take legal action. These callers are violating the automatic stay. If they continue to call knowing this, you can sue them and win. Bankruptcy courts and trustees take the automatic stay very seriously and don't treat creditors who deliberately violate it kindly at all.

[InLimbo]

A month should be enough time for the bk notice to wind its way through a company. You may be dealing with sold debts to collectors after you filed who weren't directly notified, but they still should not be continuing to call once you give them your attorney's name and contact information and your case number.

Once you've given them this information, HANG UP! Staying on the phone and talking to them is very risky because they are trying to get you to say something they can use against you. These calls are typically recorded and you can damage your case if you innocently say the wrong thing to these vultures.

Give the name of these companies who continue to call you (they have to identify themselves - it's the law) to your lawyer who will send out a threatening letter telling them to stop all contact immediately or you will take legal action. These callers are violating the automatic stay. If they continue to call knowing this, you can sue them and win. Bankruptcy courts and trustees take the automatic stay very seriously and don't treat creditors who deliberately violate it kindly at all.

Ok thanks Irprn, what kind of things that you might slip and say that would harm your case? He did ask my husband when we filed and he told him last month but other than that just our lawyers name, phone # and case #. My husband should have just hung up because the guy continued to argue with him.

[SinkingFast]

Yep. Your Creditors all know by now.

The big Creditors, Chase, BoA, Cap One, etc, all get notified electronically thru the ECF system.

Letters get sent out to other creditors within a week of the time you file. By 2 weeks after you filed, all of your Creditors should have had the letters sent from the Court.

Lrprn is right. They do have to identify themselves. Keep a log of who calls when. The only info you have to give is your attny's name and contact info, and your BK Case #. Don't talk any more than that. Just hang up the phone if they keep trying to pry more info from you.

Here's an extreme example of where these conversations can lead:

http://www.bankruptcyforum.com/showthread.php?t=9443

The more you talk, the more they lead you on. Before you know it, you've given them tons of info about yourself and leverage to use against you mentally.

[no_it_all]

Check your Creditor's Matrix and make sure EVERYONE is on that. Not only the primary creditors, but all the collection agencies too. It is common for a debt to find its way to three or four creditors over the course of a few months. If you only put the primary creditor down, most of the collection agencies will not get the notice and they will still call.

[lrprn]

Ok thanks Irprn, what kind of things that you might slip and say that would harm your case? He did ask my husband when we filed and he told him last month but other than that just our lawyers name, phone # and case #. My husband should have just hung up because the guy continued to argue with him.

If this is all the information your husband offered, then you're fine. Just wanted you to be aware that you do not have to talk to these vultures no matter what they say. Just hang up on them in mid-sentence if necessary. Nothing can be gained by talking to these goons.

See http://www.tpmcafe.com/blog/warrenre...were_surprised for some examples of the shenanigans going on in the bankruptcy collection world these days. And read down through the comments for insights into what it's like for those on the other side of the collection phone.

[lrprn]

Check your Creditor's Matrix and make sure EVERYONE is on that. Not only the primary creditors, but all the collection agencies too. It is common for a debt to find its way to three or four creditors over the course of a few months. If you only put the primary creditor down, most of the collection agencies will not get the notice and they will still call.

However even if each creditor or collection agency doesn't receive an official letter when you file, they can only call you once after you file. When you share your case number and lawyer's contact info, that's it. If they continue to call after that, then they are violating the automatic stay.

[InLimbo]

Yep. Your Creditors all know by now.

The big Creditors, Chase, BoA, Cap One, etc, all get notified electronically thru the ECF system.

Letters get sent out to other creditors within a week of the time you file. By 2 weeks after you filed, all of your Creditors should have had the letters sent from the Court.

Lrprn is right. They do have to identify themselves. Keep a log of who calls when. The only info you have to give is your attny's name and contact info, and your BK Case #. Don't talk any more than that. Just hang up the phone if they keep trying to pry more info from you.

Here's an extreme example of where these conversations can lead:

http://www.bankruptcyforum.com/showthread.php?t=9443

The more you talk, the more they lead you on. Before you know it, you've given them tons of info about yourself and leverage to use against you mentally.

Thanks SF that was a very interesting read!

[InLimbo]

If this is all the information your husband offered, then you're fine. Just wanted you to be aware that you do not have to talk to these vultures no matter what they say. Just hang up on them in mid-sentence if necessary. Nothing can be gained by talking to these goons.

See http://www.tpmcafe.com/blog/warrenre...were_surprised for some examples of the shenanigans going on in the bankruptcy collection world these days. And read down through the comments for insights into what it's like for those on the other side of the collection phone.

Thanks Irprn, that was a very good read and quite amazing infor. Maybe we will stick to just not answering the phone