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I just received a letter from a collection agency for a bill that I had for my business before we filed Chapter 13. I included by business in the BK but since the acct rep who handled my acct told me she would take care of everything and I did not get a final bill I did not include this in my BK. Someone told me (and I'm not sure if it was my lawyer or someone else) that any bills before your BK cannot come after you after even if you didn't include them. Is this true? Can I just send them a letter stating Chapter 13 filed in 2004, do not bother me?
I would send the bill collector a copy of the Ch13 discharge, and a letter reminding them that they cannot collect a discharged debt. Since the debt was incurred prior to filing for Ch13, it is discharged, even if it was not listed in the creditor matrix, unless determined to be non-dischargable by an AP, or is listed as a debt type (i.e. student loans, federal taxes) that are inherently non-dischargable.
John
If you listed the account in the BK, and they didn't respond, they would not be included in the BK plan or repayment, but could no longer legally collect from you.
If you listed the account in the BK, and they did respond, they would be included in the BK plan and when it was discharged, they could no longer legally collect additional funds from you.
In either case, a letter reminding them of that fact should be more than enough - no copies of the discharge would ordinarily be needed.
However, it appears that you did not list the account in the BK. In that case, I believe they can still collect from you - including late fees and charges.
It sounds like your recourse is with the account rep from the collection agency (yeah - I know....nothing in writing - right?)
At this point, I would touch base with your BK attorney, rather than soliciting legal advice from, well - from us. If it were my BK attorney, I can promise you he would not be happy with me if I brought this situation to him.
We were warned with red flashing lights and sirens to include every last thing in our BK. Everything. Every little thing. Failure to do so can result in an immediate dismissal if the trustee is notified; or in your case, some loose ends that could have been handled in the BK but were not.
I hope you're able to work things out with this company - I'm sure you've been working very hard to rebuilld your credit. Best wishes as you move forward on this! I'll keep my fingers crossed for you.