topic Re: help in Bankruptcy

help

Anonymous — Mon, 22 Aug 2016 14:36:41 GMT

I was discharged on 8/16/16. I got a collection call on the 17th from a collection company. It was for a stupid payday loan from like 4 years ago. He was trying to tell me that I have to pay the money because it was not included in my bankruptcy becasue they were not given notice of it. He told me they just got the case on 8/16. I didn't even recognize the company name he said I owed. He told me they are trying to get me for check fraud? I don't know how, I haven't ever written them a check. Am I missing something? I told him to call my attorney and he got really nasty. Also, I checked my credit score after the discharge and it went up by like 50 points. Is that normal? And is credit karma credit reports accurate? THanks so much for any help with these issues.

Re: help

Anonymous — Mon, 22 Aug 2016 15:38:03 GMT

@Anonymous wrote:
I was discharged on 8/16/16. I got a collection call on the 17th from a collection company. It was for a stupid payday loan from like 4 years ago. He was trying to tell me that I have to pay the money because it was not included in my bankruptcy becasue they were not given notice of it. He told me they just got the case on 8/16. I didn't even recognize the company name he said I owed. He told me they are trying to get me for check fraud? I don't know how, I haven't ever written them a check. Am I missing something? I told him to call my attorney and he got really nasty. Also, I checked my credit score after the discharge and it went up by like 50 points. Is that normal? And is credit karma credit reports accurate? THanks so much for any help with these issues.

I am still a newbie myself so I cannot speak to the situation with the new company.

As for your last statement about credit karma, no. Those are vantage scores I believe they are called. You are best suited to get your fico scores so that you know exactly what potential new creditors are seeing

Re: help

Anonymous — Mon, 22 Aug 2016 15:41:11 GMT

I don't know how they can get you for "check fraud" it seems like an over eager collector trying to scare you (which is illegal) into paying them. They may not have gotten the paperwork of your BK (which happens often if it's already sent to collections), but if they are listed as a creditor then they are included and must not contact you. If they are listed as a creditor, make sure your attorney follows up, and you can also send them a copy of your BK paperwork with a letter telling them to not contact you again regarding the debt. If they weren't listed and it's a valid debt (ask for proof) then you would need to pay on it.

Re: help

Anonymous — Mon, 22 Aug 2016 15:48:18 GMT

Thank you! I will do that now.

Re: help

Anonymous — Mon, 22 Aug 2016 15:48:59 GMT

I thought it did not sound right. Thanks! I am going to look into it to see if it is valid.

Re: help

0REDSOX7 — Mon, 22 Aug 2016 15:59:55 GMT

Other note - if this debt was incurred prior to your filing - the debt is discharged even if it WAS NOT listed on your Credit Matrix.

Re: help

Scupra — Mon, 22 Aug 2016 19:05:25 GMT

Next time they call ask for their name, rep ID #, company name, collection amount and OC name. Then let them know you filed BK and will be talking to your lawyer about FCRA lawsuit I doubt you will even get all the company info you ask for before they hang up. Remember to note the time, date and things that were said to you. If needed have your lawyer sue them, you could walk away with some money.

Re: help

sccredit — Mon, 22 Aug 2016 19:10:10 GMT

@Anonymous wrote:
If they weren't listed and it's a valid debt (ask for proof) then you would need to pay on it.

This is absolutely incorrect

Re: help

0REDSOX7 — Mon, 22 Aug 2016 20:39:55 GMT

Here is the article explaining the "No Harm No Foul" rule that applies in most (does not apply in the First Circuit) circumstances...

http://www.nolo.com/legal-encyclopedia/are-unlisted-debts-discharged-no-asset-chapter-7-bankruptcy-case.html

Re: help

jmclaughlin1982 — Tue, 23 Aug 2016 00:19:00 GMT

I had a payday loan company try this on me too. I was particularly lucky because I live in a state which has VERY strict requirements of payday loans. There are 2 loan companies that are even allowed to issue them in my state (others can give them, but you can't be held responsible for the loan after receiving it because they are not licensed in the state.) but, regardless, I had a 5 minute conversation with the rather rude woman on the phone. I explained that she is in violation of the permanent injunction and that I would be contacting my attorney. I offered her my attorneys name and number and told her if they called again I would pursue a contempt charge against them.
Guess what, I haven't heard from them since, neither has my lawyer. Lol

Re: help

jmclaughlin1982 — Tue, 23 Aug 2016 00:20:10 GMT

Oh and as a side note, even if the debt was left off your original filing and the creditor tried to fight it, it's as easy as paying a few hundred dollars to re open your BK and add that creditor to the filing.

Re: help

Anonymous — Tue, 23 Aug 2016 04:16:01 GMT

@jmclaughlin1982 wrote:
Oh and as a side note, even if the debt was left off your original filing and the creditor tried to fight it, it's as easy as paying a few hundred dollars to re open your BK and add that creditor to the filing.

A few hundred? not even - the following is from http://www.uscourts.gov/services-forms/fees/bankruptcy-court-miscellaneous-fee-schedule:

For filing an amendment to the debtor’s schedules of creditors, lists of creditors, or mailing list, $30

Re: help

jmclaughlin1982 — Wed, 24 Aug 2016 00:01:59 GMT

Thanks for the info tyger...in my estimate I was assuming contacting a lawyer. I would never do any legal work on my own. Might seem small but one wrong check mark on the form and you're screwed. In my number, told to me by my lawyer, I was assuming going through a lawyer. Yes, it's only $30 to file the form, but to hire a competent lawyer to file that form and back you up is probably going to be $250-300.

Re: help

sarge12 — Wed, 24 Aug 2016 00:09:01 GMT

@Anonymous wrote:
I was discharged on 8/16/16. I got a collection call on the 17th from a collection company. It was for a stupid payday loan from like 4 years ago. He was trying to tell me that I have to pay the money because it was not included in my bankruptcy becasue they were not given notice of it. He told me they just got the case on 8/16. I didn't even recognize the company name he said I owed. He told me they are trying to get me for check fraud? I don't know how, I haven't ever written them a check. Am I missing something? I told him to call my attorney and he got really nasty. Also, I checked my credit score after the discharge and it went up by like 50 points. Is that normal? And is credit karma credit reports accurate? THanks so much for any help with these issues.

This sounds like a scam.....many unscrupulous charachters will search out public records to get the info on filers. Demand writen debt verification and do not give them any info.

Re: help

sarge12 — Wed, 24 Aug 2016 00:29:58 GMT

@jmclaughlin1982 wrote:
Thanks for the info tyger...in my estimate I was assuming contacting a lawyer. I would never do any legal work on my own. Might seem small but one wrong check mark on the form and you're screwed. In my number, told to me by my lawyer, I was assuming going through a lawyer. Yes, it's only $30 to file the form, but to hire a competent lawyer to file that form and back you up is probably going to be $250-300.

I also find it too much coincidence that he got the case on the day of discharge, and for the record if a pay-day loan place knowingly accepts a post-dated check, they can not get you for a bounced/bad check because they knew the funds were not in the account when they accepted the check. The laws are clear on this from my understanding, they would be treated the same as any other unsecured creditor. It is only treated as bounced check if you write a check that you represent as good when written...post dating kills that.