help!! getting nasty letter 3 yrs after discharge

[loudizzle]

Just received a letter from a cc stating that they are refering our matter to their attorney and to contact them to pay in full.

Here is the thing. did our chapter 7 in june of 2005. on our list of secured claims this creditor is listed. He had a auto loan and a personal loan with them. The auto loan is the one listed. On the unsecured claims pages the personal loan is not listed. We we got the first letter 1 month ago, i sent them back a copy of the discharge paper. Shouldnt it be covered even if it was left off. I was under the impression that everything prior was covered. Even worse, the lawyer that helped me is out of business. What to do? send them a letter stating it was covered under the sceduled d?

Still building the credit, dont need this.

Any help would be so helpfull. Thank you.

lew

[ReVeLaTeD]

Question: Does the total amount listed under the claim section correspond to the total amount owed under both accounts? Or just the auto loan?

If it encompasses both accounts dollar for dollar, you should be fine. If it doesn't, well...

The fact that a creditor is included does not negate every account with that creditor. If you can prove that the total amount was accounted for, then you have a case and should definitely take it up with the creditor. The creditor should have filed a claim for any and all monies due that creditor, even if only one loan was initially listed.

[granny031350]

I believe that it is discharged even though the personal loan was not listed.  This creditor WAS listed and notified of the BK.  That is all that is required.  He could have objected but didn't at the time.  Therefore he is in violation of the auto stay and you should contact your BK attorney.  You can sue them for this violation.

[credit911]

Hello loudizzle,

What I am writing here is to the best of my knowledge based on my chapter 7 BK that I went through last year. I remember my lawyer telling me that each and every account to be included in the BK must be listed on the BK forms. If you leave one out, then that account is not discharged. That is why she had us triple check all of our accounts to make sure none were left off of the BK papers.

If both the auto loan and personal loan had the same account number, then it MAY be possible. However, you need to check your bankruptcy schedule F, for unsecured non property items. Check the account number they are listing and trying to collect from. If you can't find it there, then the debt is non dis-chargeable you will have to pay the debt if you want to clean up your credit. You could also check your schedule E, secured property (ie the car loan) and check the account number there to see if it matches the loan they are trying to collect on.

If nothing matches, then you are out of luck...sorry. If the account they are trying to collect from matches an account number on your schedule D or F, then it is discharged and they can not collect or make any attempts to collect it.

Again this is to the best of my knowledge...hope this helps.

[Uniqua]

Credit911 is correct. Not sure if you can revise the schedule now that you're 3 years out of discharge, but you should contact your attorney to make sure. This is the reason why you MUST include ALL creditors and ALL accounts on your schedule -- to avoid creditors coming after you for debt you inadvertently left out. Even if you have 4 accounts with one particular creditor, you need to list all four of them including account numbers and amounts owed on your schedule.