Rebuilding Your Credit

[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.

[Wonderin]

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loudizzle wrote:

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.

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Someone please, PLEASE, correct me if I'm wrong, but IIRC, all this person would have to do is contact their Atty and have the schedule amended to include this debt.

But AFAIK, once you've filed BK ALL of your debts, whether your creditors were notified or not, are pretty much discharged and SOL (and I'm not talking about statutes!).

Write them a letter stating that all debts were discharged in your BK and that it's a violation of law for them to try to collect from you. Or have your Atty write it (since it will obviously carry more weight!).

(For cites on this, please take a gander below
http://www.ncmb.uscourts.gov/opinions/docs/serge.PDF

http://www.idahocul.org/Leagueinfo/cameron/2001/sep01.htm

http://www.doney.net/faq_creditors.htm

[loudizzle]

wonderin,

Thanks for the reply. I was thinking the same, but a little scared due to the amount. The official problem i come too is that the attorneys that helped us and i paid for the bk are no longer in business. Unless i pay someone else, which i should not have to due..

Do you know if there is a letter like that on this board somewhere?

lew

[Wonderin]

No, I don't ... but if you give me a few minutes (rather, just about to feed the rug monkeys, so about an hour??), I can give you a list of cites that you can use in your letter (to further persuade them that they would either just plain lose the suit or will get their hands slapped for a violation of law for suing you).

Personally, I think that UNLESS you've already received a summons (and not just a nasty threat), they're just trying to scare you into paying. Chances are, they're banking on the fact that your last go in court (for the BK) was so unpleasant that you'll pay this stupid thing off to avoid going to court again.

But help me out here ... what state are you in? What state WERE you in? What state is the lawyer/creditor in??

[loudizzle]

I do appreciate the help. I am in california, the kb, creditor and collection company are all in the same county...

lew

[Wonderin]

Here's a few off the top o'Google's head:

http://www.bklawclinic.com/California-Bankruptcy-Law-FAQ#22
(states that under CA law it is ILLEGAL for them to continue to dun you for payment -- also advises you to contact them via letter and tell them their debt has been discharged due to BK: include your case number & date filed or just send them a copy of the petition)

http://www.doney.net/bkcode/11usc0524.htm
(Check out (a)(2) ... that applies to YOU and states that NO ONE can attempt to collect on a debt that's been discharged. Use the wording "pursuant to TITLE USC § 524(a)(2), of the United States Bankruptcy Code" -- if you need help composing the actual wording ... let me know.)

So you see ... they have no grounds. They CAN still sue you (of course -- in our state anyone can sue anyone for any reason) BUT they risk having their grubby hands smacked.

[loudizzle]

Thank you,

I will be looking at those right now. I did send them the petition letter and then i just looked. They ran my credit 2 weeks ago too. They didnt respond to that, just send the nasty letter. I will be send them another one tonight...

[Wonderin]

Perhaps something like this? Bear in mind that you should have an ATTY (or perhaps you, yourself file the motion with your County Clerk) amend your BK schedule, FIRST, just to be on the safe side.

Creditor Name
Address

Your account number

Dear Sir or Madam:

This letter is regarding "insert debt creditor & account" and your attempt to collect a debt that has been discharged in bankruptcy, case number "#", filed "date petition filed." Please find enclosed a photocopy of the referenced petition.

Pursuant to TITLE USC § 524(a)(2), of the United States Bankruptcy Code, attempting to collect on a debt discharged in bankruptcy is in this situation, illegal. I demand that you cease all action pertaining to the debt and its collection. If you do not cease all action in the above matter, I will have no other choice but to refer this matter to an attorney and initiate legal proceedings against you.

Very respectfully,
Your Name
Your Address
Your State

enc (stands for "enclosure" )

Message Edited by Wonderin on 06-10-2008 05:29 PM

[Wonderin]

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loudizzle wrote:

Thank you,

I will be looking at those right now. I did send them the petition letter and then i just looked. They ran my credit 2 weeks ago too. They didnt respond to that, just send the nasty letter. I will be send them another one tonight...

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Then at this point, you have the right to sue them. They are violating the law. I think that if you remind them of that little fact, they'll back off.

[loudizzle]

Yea, i am on it right now.

One question, can i make them remove there injury from my credit report and the cc they put on my wifes?

lew