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Violation of automatic stay?

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    #1

    Violation of automatic stay?

    I filed for Ch. 7 bankruptcy Pro Se on 9/30/05... the computers were down so the paperwork was actually entered on 10/03/05. I thought that all creditors were electronically notified of the bankruptcy, but perhaps they receive a notification via postal mail? The reason I'm wondering is because a collection agency sent me a letter dated 10/10/05, telling me that their "patience has been exhausted." Their letter went on to state that they must collect Xamount for an old creditor.

    I'm pretty sure that an automatic stay meant that creditors couldn't bother me after I filed. Am I wrong? And can I do anything about their letter (like sue them) or does the law provide creditors with a few weeks leeway after filing?
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    #2
    Originally posted by BrokeStudent8
    I filed for Ch. 7 bankruptcy Pro Se on 9/30/05... the computers were down so the paperwork was actually entered on 10/03/05. I thought that all creditors were electronically notified of the bankruptcy, but perhaps they receive a notification via postal mail? The reason I'm wondering is because a collection agency sent me a letter dated 10/10/05, telling me that their "patience has been exhausted." Their letter went on to state that they must collect Xamount for an old creditor.

    I'm pretty sure that an automatic stay meant that creditors couldn't bother me after I filed. Am I wrong? And can I do anything about their letter (like sue them) or does the law provide creditors with a few weeks leeway after filing?

    Well, it could be an "Overlooked Creditor (Collector)" and thus a letter stating bankruptcy filing date and other info is all you need to send to them..

    BTW, what's the name of the agency?

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      #3
      You are correct that the stay was in place. Most likely, though, the CA wasn't aware. If this notice was on 10/10, they probably had not received the court notice since it was only filed a week earlier. Generally, most BK courts send out the paperwork several business days after it is filed. Considering mail time, it is likely an honest mistake.

      Have you heard anything from them since? Were you able to confirm that either the CA or the original creditor that they were collecting for was in your petition?
      Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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        #4
        "I'm pretty sure that an automatic stay meant that creditors couldn't bother me after I filed. Am I wrong? And can I do anything about their letter (like sue them) or does the law provide creditors with a few weeks leeway after filing?"

        the bk stay law says they broke the law. but it aint gonna be upheld unless they keep doing it. record, track and document every and all communications you have with them. talk to the manager only. dont worry, it wont happen much after that or you can sue them.
        Im not an attorney or a trustee. You cant trust me either though!

        [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
        [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
        [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
        [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

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          #5
          Well that sucks I just really despise them, that's all. They (Receivables Management Solutions collections) were just ROTTEN before I filed, and it would've been great to stick it to them. I haven't heard anything from them since then though... oh well!

          Comment

            #6
            Originally posted by BrokeStudent8
            Well that sucks I just really despise them, that's all. They (Receivables Management Solutions collections) were just ROTTEN before I filed, and it would've been great to stick it to them. I haven't heard anything from them since then though... oh well!

            You might take a perusal at the top 10 worst collection agencies (See Collection Problems Section this forum) and just then follow a link to the list of the top 10 (And more) scumbags...

            Interesting to see how many here are being chased by so many...One even made a ranking list of theirs!

            The site is GREAT!!! For seeing/reading the rules the agencies MUST follow and what YOU can do if they DON"T (Ca-CHING!!!!!!$$$$ (MAYBE))

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