Very Confused

[cgmac12]

I will try to make a long story short. My CH. 7 was discharged March 14, 2008. We included our house in the Ch. 7 and moved out at that time. We have continued to receive statements from Countrywide, I just threw them in the trash.

This past week we received a letter from Recontrust- saying they are attempting to collect a debt, blah, blah, blah.

So I called them and they told me to call Countrywide- gave me the number of 800-669-6650. I just called and spoke to a completly rude woman who informed me that now that the bancruptcy was over, they could continue to try and collect the debt. She said the house is listed to sell on Sept. 6- which means nothing to me- we surrendered the darn thing!

My question is- is all this normal? Or should they not be contacting me at all? I disputed the listing on my credit report and all 3 bureaus have changed it to a zero balance with a IIB status.

What am I supposed to be doing, if anything?

Thanks,
Crystal

[BK2008]

Well, they can call and try and collect all they want, but the house is schedule for auction sale, correct? At this point, the loans were discharged in your BK, and you have no further obligation for the loan.
I'd call CW back (their BK dept) and see if you can't get someone with a little more finess. I think the right hand doesn't know what the left is doing, and see if they can't get the collection calls to stop.

[Minnymouth]

If they continue to contact you remind them its against the "law" for them to try to collect a debt that has been discharged in bankruptcy. They can pay fines to the court and you for doing this.......

Tell them if they want to pay YOU - KEEP CALLING.....

[cgmac12]

So- I don't have any more obligations? Nothing else I need to do? We are trying very hard to move forward with our life- I thought the door was shut....

I told the lady she couldn't collect on a debt dischanrged in bancruptcy and she told me that was untrue and just what lawyers try and tell you- that it is not how it works.

[BK2008]

No, that is clearly stated on page 2 of my bankruptcy discharge papers...

EXPLANATION OF BANKRUPTCY DISCHARGE
IN A CHAPTER 7 CASE
This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it
does not determine how much money, if any, the trustee will pay to creditors.
Collection of Discharged Debts Prohibited
The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a
creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving
community property: There are also special rules that protect certain community property owned by the debtor's
spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay
damages and attorney's fees to the debtor.
However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against
the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a
debtor may voluntarily pay any debt that has been discharged.
Debts That are Discharged
The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but
not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was
begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts
owed when the bankruptcy case was converted.)
Debts That are Not Discharged.
Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are:
a. Debts for most taxes;
b. Debts incurred to pay nondischargeable taxes;
c. Debts that are domestic support obligations;
d. Debts for most student loans;
e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations;
f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft
while intoxicated;
g. Some debts which were not properly listed by the debtor;
h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not
discharged;
i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in
compliance with the Bankruptcy Code requirements for reaffirmation of debts; and
j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings
Plan for federal employees for certain types of loans from these plans.
This information is only a general summary of the bankruptcy discharge. There are exceptions to these
general rules. Because the law is complicated, you may want to consult an attorney to determine the exact
effect of the discharge in this case.