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I Don't want any creditor calling me after my discharge!

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    I Don't want any creditor calling me after my discharge!

    I was looking at my case on the NDC website, and I noticed a creditor that was listed in my petition but it looks like it didn't file a claim. My account ledger shows who is being paid and that creditor, which is Regional finance is not on the list.

    I don't want any creditor waiting for my case to be discharged and attempt to squeeze money out of me.
    Has anyone had this issue before?

    #2
    This is not an issue at all. If a creditor does not file a claim, then they get nothing in the bankruptcy. Unless that creditor is a "secured" creditor with a valid lien, their debt will be discharged and they will have no recourse against you. Even if the creditor was a secured creditor, the debt itself (your personal liability to pay) would also be extinguished by the discharge albeit they can still pursue the collateral itself.

    This non-issues happens all the time. In some cases, fewer than 50% of unsecured creditors actually file a claim. To make this even more interesting, it really doesn't matter how many creditors file or don't file when you are not in a 100% payback plan. You will always just pay your disposable monthly income (DMI) towards that debt. No DMI, then they don't get a dime. When the case is dischargted, your personal liability to pay that debt is extinguished regardless of whether the file, didn't file, received $1 or received their entire claim amount.
    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


      #3
      Thanks for the response just broke, I'm in a 100% plan. Getting through this is tough enough and once it's done,I don't want anything about it to resurface.

      Comment


        #4
        I can't say whether you'll have the curse of "zombie" debt, but generally speaking the creditors should no longer bother you. Zombie debt is strange and I can tell you from personal experience that it does happen. I have even had some strong conversations with junk-debt-buyers (JDBs) that insisted that they could collect. I sternly told one that if I even saw a carrier pigeon on my doorstep, they'd be in Federal (bankruptcy) court explaining why that bird had a message from them strapped to its leg. They never called back.

        Some of it does slip through the cracks or is wrongfully resold in the JDB marketplace. There are protections from that, but the creditors don't always play fair.
        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


          #5
          Originally posted by justbroke View Post
          I can't say whether you'll have the curse of "zombie" debt, but generally speaking the creditors should no longer bother you. Zombie debt is strange and I can tell you from personal experience that it does happen. I have even had some strong conversations with junk-debt-buyers (JDBs) that insisted that they could collect. I sternly told one that if I even saw a carrier pigeon on my doorstep, they'd be in Federal (bankruptcy) court explaining why that bird had a message from them strapped to its leg. They never called back.

          Some of it does slip through the cracks or is wrongfully resold in the JDB marketplace. There are protections from that, but the creditors don't always play fair.
          That's great, I'll have to use that one.

          Comment

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