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Creditor not honoring past C7 discharge - How to proceed?

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    Creditor not honoring past C7 discharge - How to proceed?

    Hello I did a successful Pro Se C7 no asset BK back in 2018 and obtained a discharge. However upon trying to set up new electric service the power company is trying to charge me for the old discharged balance. I have been trying to explain to the CSRs that the debt was discharged and asking to get transferred to the legal or bankruptcy department but they seem to have no clue. I can't even get them to give me an address to send a letter. After talking to five or six different people I decided to call the Florida Public Utility Commission and they warm transferred me. The corporate contact there took my info and stated they would call back today but has yet to do so. I gave them my full info including case number, discharge date, district and even the judge's name. I also gave this info to a Supervisor there previously.

    My question is if the power company does not get their act together and quit trying to get me to pay this discharged debt how should I proceed as a Pro Se litigant? I have been documenting all of my contacts with them up until now. Does anyone have experience going after a creditor for this sort of thing? I am presuming the next step is to send a certified letter with the discharge, copy of relevant schedule and creditor matrix along with a demand that the debt be removed. What is the next step after that if they do not fix it? Must I reopen the case or can I motion for sanctions without doing that?

    The debt itself is a very low amount but to me it is about the principle of the matter -- they were listed on the schedules and creditor matrix and should have removed this debt years ago. Debtors should not have to go through all this.
    Last edited by debtprison; 05-17-2021, 03:56 PM.
    Disclaimer: I am not a lawyer nor giving legal advice. Use at your own risk.

    #2
    You would contemporaneously file a Motion to Re-Open for Limited Purposes of Enforcing the Permanent Discharge Injunction along with your Motion for Sanctions.

    I would have sent them a copy of the discharge via certified mail return receipt (CMRR) immediately upon learning. This gives them another notice that they are in violation. I would have sent them a cover letter with that indicating that they are in violation of the permanent discharge injunction. My letter would also say that if they don't take immediate action to remedy the situation then you will re-open the case and have them appear before the judge to answer a Motion for Sanctions.

    I would also try to find, independently of the CSR number, the office of legal counsel for that power company, as well as their bankruptcy department. Sometimes the CSRs just don't know and are so adamant that you must pay, that they put their company in a perilous (sanctions) situation.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.

    Comment


      #3
      Originally posted by justbroke View Post
      You would contemporaneously file a Motion to Re-Open for Limited Purposes of Enforcing the Permanent Discharge Injunction along with your Motion for Sanctions.

      I would have sent them a copy of the discharge via certified mail return receipt (CMRR) immediately upon learning. This gives them another notice that they are in violation. I would have sent them a cover letter with that indicating that they are in violation of the permanent discharge injunction. My letter would also say that if they don't take immediate action to remedy the situation then you will re-open the case and have them appear before the judge to answer a Motion for Sanctions.

      I would also try to find, independently of the CSR number, the office of legal counsel for that power company, as well as their bankruptcy department. Sometimes the CSRs just don't know and are so adamant that you must pay, that they put their company in a perilous (sanctions) situation.
      Thanks the lady never called me back lol. I'm going to send the CMRR with the discharge, copy of schedule, and demand letter. It's kind of ridiculous though because the bill is only for $22.50 but it is the principle of it. It puzzles me why they would not just say "Sorry sir we removed the debt" and be done with it. I mean I gave them the case number two times.
      Disclaimer: I am not a lawyer nor giving legal advice. Use at your own risk.

      Comment

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