top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Problems W/creditor After Discharge

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Problems W/creditor After Discharge

    I'm not sure if i'm posting in the right place, But I just received a letter from Daniels' (a jewelry account) saying that I need to surrender my purchases to them, or pay the dollar amount, otherwise they will pursue legal action.

    I included this account on my bankruptcy. I got my discharge on 10/2006. I had purchased a pair of earings and a necklace valued (total) at approx $500.

    Should I worry? What should I do?

    #2
    I would think THEY HAD THEIR CHANCE ! ? ? ? Others will chime in here and lend their expertise about this !

    Best Wishes, CMIYC

    On a side note: When I had filed BK 12 years ago SEARS was looking for some stereo equipment I had purchased. My answer to that, "SOLD IT!" or "LOST IT!"
    July 2006: Filed Ch13 :blink:
    Oct 2006: Converted to Ch7 :clapping:
    Jan 2007: DISCHARGED :clapping:
    Nov 2007: CLOSED :yahoo::yahoo::yahoo:

    Comment


      #3
      Contact Daniel's and tell them politely that this account was included when you filed bankruptcy and discharged. Sometimes mistakes happen - they apologize and that's the end of it.

      If Daniel's continues to contact you demanding payment, make a photocopy of your Ch 7 discharge along with a copy of your original list of creditors with their name highlighted and mail it to Daniel's using registered mail return receipt. Include a letter stating that the account in question was discharged in bankruptcy and is no longer collectable, with photocopies of court papers included to prove it.

      If Daniel's *still* persists, if you worked with a bankruptcy lawyer for your original filing, contact him/her because now you have a case against them and could win damages, including payment of your lawyer fees. There is no statute of limitations on the automatic stay when the debt has been legitimately discharged.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        The debt might be discharged but was it secured by the jewelry purchase?? You know... sorta like how Dell computers are secured property through their credit card. If that's the case, they may have a right to ask for the jewelry back.

        Comment


          #5
          They sue/show the contract letter you signed to court, not on the BK matter. It's up to you.

          Comment

          bottom Ad Widget

          Collapse
          Working...
          X