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Ugh. Zombie creditor just crawled out of the woodwork.

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    Ugh. Zombie creditor just crawled out of the woodwork.

    This is kind of weird. About a 152 years ago, my ex and I had a business, under which we financed a small piece of undeveloped property. Well, before the divorce, the business was dissolved, and the property was surrendered back to the developers/sellers. The business didn't have any other assets or debts or open accounts, because it was primarily a consultancy created for a specific corporate contract, which we completed. The business really didn't have much purpose beyond that. We kept it "alive" for a while only in case of another contract of that magnitude, which never happened. I don't even remember why we were buying that property, or why it was done under the name of the business. Or even why it was financed at that time, and not paid in full with cash. Back then we would have had the cash to buy it outright.

    Anyway, all of this occurred before the look back period - - asked and answered truthfully at my 341 - - and I didn't even think to list it in my schedules, besides thinking it was simply a dead moot issue, it didn't happen within the time frame I was asked about. By the time I filed my bk, this was really ancient history.

    But now I am getting collection notices about that property debt addressed to that business, at my address (which I think is kind of odd) for about 5 times what I remember the amount of the initial cost/value of the property was to begin with.

    It was so long ago, I can't even remember if I or he signed the paperwork as a principal for the business, or many of the details of the transaction, except that I know it wasn't a huge sum of money, and I don't believe the loan was personally guaranteed by either one of us - - at least not to my recollection.

    I don't know what the appropriate response is to this collection notice, because it is not addressed to me personally. It's addressed to the business, which no longer exists. If this was addressed to me personally, I would know exactly what to do, but since it is not addressed to me personally I'm stumped and looking for some guidance.

    I don't even know if a DV letter is appropriate in this circumstance. And I don't know if I need to add this creditor to my Ch 13 or not. I want to put it to bed, but am not sure how to proceed.

    Help?

    #2
    Hi Tigergem:

    Here is a link that may help.

    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

    Comment


      #3
      Originally posted by AngelinaCat View Post
      Hi Tigergem:

      Here is a link that may help.

      http://www.bkforum.com/showthread.ph...ht=zombie+debt
      No, it's not really helpful. Unless I am really over thinking the circumstances, which is entirely possible.

      Comment


        #4
        Sometimes the best response may be to ignore it. Our phone bill had been sold yet again, and we got the standard notice. I prepared the usual "we have been discharged" language letter, but never sent it out. That was several months ago...
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

        Comment


          #5
          I'm thinking it might be a time barred debt, regardless of it being in my name or not. Just annoyed that they cropped up now. And I'd like to be sure, but it is addressed to the defunct business, and not to me, which leaves me wondering how to go about DV'ing it.

          Comment


            #6
            If its so old like you say, you're probably past the SOL for being sued, so forget them. They cant legally pursue it from you, they know it, they're hoping you have a 'change of heart or conscience' and pay it. Do you? no? Really? c'mon now....really? haha. Relax, and toss it in the trash or ignore their stupid calls....
            Filed Ch 7. Jan 14th 2011. 341 Feb. 24th 2011. DISCHARGED April 26th 2011. Closed May 10th, 2011. Huge weight off our shoulders! Scores as of 5/14/11 : TU-639, EQ-642, EXP-602

            Comment


              #7
              Originally posted by 747LUVR View Post
              If its so old like you say, you're probably past the SOL for being sued, so forget them. They cant legally pursue it from you, they know it, they're hoping you have a 'change of heart or conscience' and pay it. Do you? no? Really? c'mon now....really? haha. Relax, and toss it in the trash or ignore their stupid calls....
              I was just about ready to mention the SOL also. DO NOT acknowledge in anyway as you could accidentally negate the SOL or verify that you owe a debt. Unless you get legal papers, I would totally ignore the whole situation. They got your address no doubt by looking up corporations in TX. The name/s and address would be on the database. 'Hub
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

              Comment


                #8
                Originally posted by AngelinaCatHub View Post
                I was just about ready to mention the SOL also. DO NOT acknowledge in anyway as you could accidentally negate the SOL or verify that you owe a debt. Unless you get legal papers, I would totally ignore the whole situation. They got your address no doubt by looking up corporations in TX. The name/s and address would be on the database. 'Hub
                The business wasn't registered in Texas. We lived in another state when we started and registered it. That's why I thought it odd that the notice came to my address here in Texas.

                Comment


                  #9
                  I had a zombie American Express debt from 20+ years ago, just pop back on my credit report... all RE-AGED and everything! I'm going to send them a very stern letter and if it isn't removed in 45 days... I am definitely going back into the bankruptcy court. There were two of these that I specifically served them "extra" by filing a motion to expunge because the SOL (statute of limitations) had long passed.

                  I hope they don't remove this, because it's SOOO egregious, I'm sure my Judge would love to send them a message. (This debt hasn't been on my credit report in over 14 years (since it fell off). Now it mysteriously reappears and nice and re-aged! (Just killed my credit score, making my low score in the 610s.)
                  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

                  Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                  Comment


                    #10
                    I just got another good one, too - - unbelievable! notice from a collection agency on behalf of DirecTV. Which is listed on the very top of page 2 of my Schedule F, with (now positively verified) the correct amount and the correct address.

                    jb, can you please explain to me... what exactly is re-aging? How do they do that?

                    Comment


                      #11
                      Originally posted by tigergem View Post
                      jb, can you please explain to me... what exactly is re-aging? How do they do that?
                      They just lie and put the "last activity date" or "date since first delinquent) to a recent date. They set mine to 4/15/2011 making it appear like a NEW derrogatory item for late payment!
                      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

                      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                      Comment


                        #12
                        I guess I have been lucky (knock on wood)... never seen that on any of my credit reports. Whew.

                        Comment


                          #13
                          I've seen case law both ways: Denying addition of an omitted creditor after confirmation of a Ch 13 plan, and yet in the Western District of Texas, one was recently allowed to do so, and it was an administrative priority claim, allowed by expedited motion. But I suppose I really don't need to bother to test the theory, since I am pretty sure (98% positive) this claim is time barred. Still, what a pain in the patoot!

                          Comment

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