Ignored Bk filing

[jason0618]

Not sure how to proceed on this. I filed chapter 7 in April of this year. Elected at that time to get out from under my cable/internet contract. I stopped paying, returned equipment, and included centurylink/directv in the filing. Throughout, they both continued to bill me. My attorney told me not to worry, since the debt was included, I had nothing to worry about. Discharge came, all debts discharged. They are both still billing me. Balance isn't changing, but it's still a bill. My attorney at this point get involved and makes a call, sends a few emails. They cancel the $200 early termination fee and just sent me a bill for the rest. My attorney says I'm not liable and not to worry about it. The creditor says it's going to collections if I don't pay. It's a relatively small amount of $480 and $560, so I could pay them both and be done, but obviously I'd rather not. Anyone had experience with a creditor that feels bankruptcy doesn't apply to them? What should I do here?

[Scupra]

Umm, tell you lawyer to sue them lol. They are not allowed to attempt to collect a discharged debt. This would be a VERY simple case for him/her

[jinxd]

+1 what Scupra said. I'm dealing with the same thing from CenturyLink   My lawyer is filing the complaint tomorrow morning.

[jason0618]

Hmm. So it's not an isolated incident with them?

[sarge12]

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@jason0618 wrote:
Not sure how to proceed on this. I filed chapter 7 in April of this year. Elected at that time to get out from under my cable/internet contract. I stopped paying, returned equipment, and included centurylink/directv in the filing. Throughout, they both continued to bill me. My attorney told me not to worry, since the debt was included, I had nothing to worry about. Discharge came, all debts discharged. They are both still billing me. Balance isn't changing, but it's still a bill. My attorney at this point get involved and makes a call, sends a few emails. They cancel the $200 early termination fee and just sent me a bill for the rest. My attorney says I'm not liable and not to worry about it. The creditor says it's going to collections if I don't pay. It's a relatively small amount of $480 and $560, so I could pay them both and be done, but obviously I'd rather not. Anyone had experience with a creditor that feels bankruptcy doesn't apply to them? What should I do here?

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Get all your paperwork together and file suit in small claims court. If a creditor tries to collect on discharged debt, the debt would be voided and the creditor would be fined 1000 dollars payable to you!!! It has been done many times!

[sarge12]

Prior to filing suit you should send the following letter to the creditor...(copied from lawyers website)

(Date) [Creditor's Name] [Address] [City, State, Zip] Re: [Your Social Security number and Account Number] Dear Sir/Madam: On [date], I received a [letter or phone call] from you attempting to collect on the above referenced debt. On [date of discharge], this account was discharged under bankruptcy, [bankruptcy case number].  I trust that you will update your records to show that this debt has been discharged under bankruptcy and is no longer an outstanding debt.  I also trust you will notify all credit bureaus that this debt was discharged under bankruptcy. Enclosed are a copy of my final discharge papers and a copy of my bankruptcy schedule showing your debt listed.  As you know, any attempt to collect on a discharged debt is in violation of both the Fair Debt Collection Act and the Bankruptcy Protection Law. Any further contact from you regarding collection of this debt will be brought to the attention of the bankruptcy court as evidence of your violation and I will exercise my right to bring suit against you and recover damages of $1,000 or more for each incident, as is my right.  I thank you in advance for your help in clearing up this matter and I trust that you will not attempt to collect this debt again. Sincerely, [Your Name] cc: Federal Trade Commission 6th & Pennsylvania Avenue, NW Washington, DC 20580