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A Unsecured Creditor was sent a automatic stay then sold the account...

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    A Unsecured Creditor was sent a automatic stay then sold the account...

    I just recieved in the mail today a letter from a Synchrony/Care Credit who said we sold your account to Calvary SVP1 and here is their address and this letter is not to collect a debt from us and you will not here from us again. Right away I sent an email to my attorney with that letter attatched and I am still waiting to hear from him. I wonder if now I owe the person who bought this debt from Synchrony/ CareCredit? On 11/4/16 is my confirmation hearing at the courthouse and I hope my attorney finally reads his email but I am not going to hold my breath. What do you guys think, has this happened to you? Do you think I still owe this debt even though on 8/18/16 Synchrony/CareCredit was sent an automatic stay and the letter they sent was dated 9/30/16? Thanks.

    #2
    It is quite common for debt to be sold to "junk debt buyers" (JDBs) even if you filed bankruptcy. In fact, most debt for credit cards is sold to third parties soon after you file! The creditor gets a "little" money and writes the debt off. The new JDB "hopes" to get something in your Chapter 13. That "something" is known as the "pro rata" shared pool for unsecured debtors. Better yet, the JDB also "hopes" that your case is dismissed and they can go after you for the entire debt.

    The letter is nothing to worry about. They are required, by law, to notify you if they sold or assigned your debt to a third party. You may find that your other credit accounts were sold to companies like B-Real, B-Line, LVNV Funding, e-Cast Settlement, Round-Up Funding, and others. The ones I listed are the larger junk debt buyers.

    Since the letter was not sent to "collect a debt" then it is allowed under State non-bankrutpcy law and does not violate the automatic stay. If they demanded that you pay or threaten suit then it would be a violation.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


    • lukesky
      lukesky commented
      Editing a comment
      Justbroke, thank you so much as always. I thank God you are there. I just wished my attorney was this quick. I am sure I will get more letters like this today but at least I know what they are and not to worry.

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