Creditor Still Bugging Me Post-Bankruptcy!

[Annika]

I'm not sure what else to do. My husband and I had to file bankruptcy (Chapter 7) in December due to an emergency medical situation that resulted in three hospital stays, lots of tests and procedures, and ultimately, major surgery. We did have some credit card debt, but not excessive (in fact, we'd never even been late paying a single bill, ever). With the added medical bills, there was just NO WAY to make ends meet. So we filed bankruptcy.

The debts were discharged in March. It still hasn't been decided whether we can keep our house (I'll post about that in another thread).

One of my credit card companies is STILL sending me bills and collection notices, even though the debt has been discharged. I've been faxing copies to my lawyer's office, and he's sent them at least two letters, but they still haven't stopped.

The letter of discharge says on the back:

If my lawyer can't make them stop, who can? Their most recent letter was from some different collection agency. Thank goodness our phone number is private, or they'd probably be calling me as well!

If anyone has any suggestions, please let me know. This is just crazy. It's been almost a YEAR since we filed, for Pete's sake!

[StaciMM]

Sounds like the account may have been sold and the company who bought it didn't get the info. They may have a collection agency of their own working it. (Not that you did anything wrong.) My first thought would be to send the collection agency a copy of your BK discharge.

Your attorney is probably not too worried about it. He got his money from you, and isn't getting anymore. So-he is probably putting his time & attention into customers who are in the process of filing now.

[Annika]

Sounds like the account may have been sold and the company who bought it didn't get the info. They may have a collection agency of their own working it. (Not that you did anything wrong.) My first thought would be to send the collection agency a copy of your BK discharge.

Your attorney is probably not too worried about it. He got his money from you, and isn't getting anymore. So-he is probably putting his time & attention into customers who are in the process of filing now.

Thanks for the response.

I don't think my account was sold, unless the new company is operating under the same name. This particular credit card was a department store card, and the store went out of business several years ago. It did get sold then, but that was long before I got sick and all the mess started. Their name and address appear to be the same as it was before I filed bankruptcy.

But this newest letter is from a separate collection agency that I've never heard of before.

My lawyer doesn't seem to be concerned about it, but I don't like getting bills that I no longer owe, especially nasty ones.

I haven't tried to call the credit card company, but I did send them one letter myself. I didn't think to send a copy of my discharge paper -- I'll do that.

[robivi3]

Annika I had a similar problem. My Attorney sent a letter and after about 4 months they reported the debt as discharged. It is not that the ATTY. is unconcerned, it's just that the debt is discharged. Just send them a copy of the creditor matrix and discharge. Put a CC to your Attorney on the letter and also get the name of the person at the FTC (I think it's the FTC, if incorrect then look up tinroofrusted's posts as she has the info) to whom complaints are sent and CC them and note it "with cover letter". That should end everything.

[Annika]

Okay, I've got a copy of everything ready to mail on Monday.

Lemme ask one more question, if I can, regarding another creditor.

We bought some furniture from a local furniture store, and they went out of business. CitiFinancial took over the loan.

We had a lousy experience with them. They "lost" a payment once, and it took 3 months and sending NUMEROUS copies of the cancelled check in order to prove it. Finally we got that straightened out, after contacting their main office because their two local offices were ... not very smart!

When we filed bankruptcy, we were supposed to reaffirm that loan. I kept paying the bill as I normally did.

Then one month we didn't get a bill from them. I noticed it hadn't arrived, and sent my husband to their office to pay it, thinking that it must've gotten lost in the mail. The woman looked up our account, and said the balance was zero. It was supposed to be $400, but apparently someone zero'ed it out. The payment check was for $20, and DH left it with them so that they could get things straightened out, and get the payment applied to our account. He explained everything to them, that we were supposed to reaffirm the loan and continue paying the bill and everything.

They cashed the check, but have never sent us another bill, nor have we ever signed any papers to reaffirm the loan.

It's not like we didn't try to straighten it out! Apparently they've "erased" our account ... which, after all the problems with them, is just as well.

The lawyer knows we were supposed to reaffirm, but he's never mentioned it again either. I HIGHLY doubt they'd try to repossess the furniture. It's falling apart, and part of it was even taken to the local landfill because it DID fall apart. It's junk. Heck, I'd almost pay 'em to take it!

Any thoughts?

[StaciMM]

Regarding the furniture, if you didn't reaffirm, they're not allowed to continue billing. Most likely, they wrote the account off as 'discharged'.

It is a remote possibility that they will show up one day to repossess if you stop paying - most likely though they wouldn't want to put time & money into getting it back as used furniture is not a hot commodity.

I know someone who filed a while back, and included a furniture account where she had bought some items from a company that sold & leased furniture. When she got the reaffirmation agreement, she told her attorney it was wrong. Had a higher balance than it should have been, and the name was wrong. (Similar first name, very different last name.) She never heard anything more on it, and didn't make any payments or sign the wrong agreement.

[Annika]

Update: The creditor and their collection agency received my letters and copies of my discharge papers on 9/28 and 9/29, almost 3 weeks ago. As of yet, I haven't heard anything else from either of them. Got my fingers crossed that they'll leave me alone now!

[CRRAVOSA]

Any creditor that contacts you after the discharge is in violation of the discharge and can be sanctioned by the bankruptcy court. One law firm and a large credit card company had sued a client of the law firm I work for and our office sent a demand letter to the atty who ended up paying for their bankruptcy plus some. Creditors know better they should not contact you but they are hoping you pay them anyway

[Annika]

11/10 Update: They haven't made a peep since my letter! I hope they're GONE now. Dunno WHAT they were thinking!

[Minnymouth]

More than likely you will hear nothing else from them.
Also check your credit report to make sure that their firm is listed as "included in bankruptcy - balance -0-

Ya done good!!

Minny