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Shady Shady Shady!!!

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    Shady Shady Shady!!!

    I just got a letter from our attorney. Apparently American Express ( after only 2 months ) referred our debt to NCO Financial. They had the NERVE to send our attorney a letter offering settlement dated a day after we filed!!!!! They obviously KNEW we filed because it said my name and then my attorney with HIS address. He then sent them a NOTICE TO CREDITORS OF AUTOMATIC STAY. I'm confused though. Can you guys explain what this means exactly?

    UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF NEW YORK in RE:
    ( My name )
    Debtor.
    NOTICE TO CREDITORS OF AUTOMATIC STAY Case No. 08-####
    Chapter 13

    Account # ( My Amex account number )
    NCO FINANCIAL SYSTEM INC
    P.O Box 15760
    Dept 7
    Wilmington DE 19850-5760


    You are hereby advised that the above debtor has filed a petition on 10/1/2007
    The above case has been referred to the Honorable Michael L*****, Bankruptcy Judgem who presides at the US BANKRUPTCY COURT ( address ). Pursuant to section 362 of the Bankruptcy code, creditors and other legal entities, upon the filing of the said petition, are automatically stayed from:

    1. Commencing or continuing judicial, administrative or other proceedings against the Debtor that was or could have been started prior to the filing of this case, or to recover a claim against the Debtor that arose before the case was filed;

    2. Enforcing a judgment obtained before the petition was filed against the debtor

    3. Attempting to obtain property of the debtor

    4. collecting or recovering a claim against the debtor that arose prior to the commencement of the bankruptcy case.

    Comtempt proceedings may results from a violation of the above automatic stay provided by the bankruptcy code.

    Dated October 8, 2007

    ( My attorney's name and address )


    Then attached is the letter to the attorney from NCO:

    The named creditor has placed this account with collection at our office. The creditor has agreed to accept 29% of the balance listed above or $3,270.41 as a lump sum settlement of the account. The offer will remain valid for a min. of 45 days from the date of this letter...blah blah blah.

    It then is dated with MY name and my attorney at my attorney's address and says Creditor: Amex, Principal $11,277.25...blah blah and is a BILL from them.

    Is there anything I can do to go after these arses????
    Filed: October 1, 2007 341: December 10, 2007
    CONFIRMED: December 10, 2007
    Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

    #2
    I think that it is your lawyer telling NCO not to send anything to you or him.

    Sending NCO a copy of the automatic stay to make sure they know not to mess around anymore.

    Comment


      #3
      This is the standard "this debtor has filed bankruptcy and you aren't allowed to contact the debtor nor attempt to collect this debt again or we'll see you in court" letter that lawyers send out when creditors are foolish enough to maintain attempts to collect debt after being notified the debtor filed bk. Unless they are complete idiots, this will be the last you hear of them.
      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
        Mike...just a question?

        Had you informed amex that you were going to file and had given them the name of your attorney?

        The letter your attorney your letter sent, was advising NCO of your filing. You would have a hard time proving they knew you had filed.

        Even then, they would probably not face a lot of problems for one violation. Now...if they keep on, after receiving your info.....thats another story.

        Comment


          #5
          I've been dealing with AMEX and NCO myself...those guys are relentless. After only a week of getting turned over to NCO they were calling me threatening to retain a local attorney and sue. When I explained my situation the guy told me I needed to get an attorney now (can't afford one right now) or find a free legal aid place in my area cause they are coming after me.

          I guess they've never heard the saying about squeezing blood from a turnip.

          Comment


            #6
            Wayne, they sent it to my attorney at HIS address! Of course they knew!!!!


            Originally posted by wayne-o View Post
            Mike...just a question?

            Had you informed amex that you were going to file and had given them the name of your attorney?

            The letter your attorney your letter sent, was advising NCO of your filing. You would have a hard time proving they knew you had filed.

            Even then, they would probably not face a lot of problems for one violation. Now...if they keep on, after receiving your info.....thats another story.
            Filed: October 1, 2007 341: December 10, 2007
            CONFIRMED: December 10, 2007
            Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

            Comment


              #7
              I guess they've never heard the saying about squeezing blood from a turnip.
              I love that saying.

              Comment


                #8
                ?AMEX New card question ?

                I have a question about AMEX. I knew a lot of people who worked for them & I swear they had all the young people who worked there totally brainwashed. I have never liked that company much & have refused all their offers until today. I just had another offer from them & I took it. 0%on purchases for 12 months. Not a great offer, but decent.


                Here is my question & problem.
                I have been informed that my medical problems from the accident in July will definately go into the first of the year. I have 3 more Doctors to see. I want to use this card strictly for medical purchases (not transfers or cash advances) for Doctors as this will relieve me a little from the high interest cards.

                I have no idea when I can get to an attorney, but will it be ok to use this card from AMEX, being that it is new & a BK will most likely follow within a few months. I intend on making payments through it all, but Am I going to have problems with AMEX over the medical bills? There is going to be a lot.
                Or will the BK laws protect me for using it for medical in this way?

                I already have letters from doctors showing the bills are not elective but from a real injury.

                I don't want to change the OP, so forgive me for sliding in here. Amex & CitiBank both concern me on this.
                Thank You in advance.

                Comment


                  #9
                  My experience with AMEX is they don't care how you use the money, only that you make that payment every month. If you are late or short they will hound you into the ground though. Whenever my card would slip a day or two they would start calling, usually 3-4 times a day. When I went over 30 days they literally started calling 10 - 15 times a day. NCO just keeps calling until somebody picks up, then they move to you job, next of kin, etc.

                  Comment


                    #10
                    Well then I will expect problems but not worry since medical bills are discharged & I know the courts view that differently than other purchases. I also read a local BK attorney advising people with no insurance to get new cards with 0% intro offers for medical bills & that answered my question.
                    I have the card & will be using it for the next set of Doctors. Oh Boy, Lucky me! whoopy doo!

                    Comment


                      #11
                      Two turnips

                      Originally posted by I guess they've never heard the saying about squeezing blood from a turnip. Bandit View Post

                      I love that saying.
                      Glad to hear someone else has heard that old saying.

                      Funny story- when we went to court for our hearing in May on the summary judgment, I commented that we were just "two turnips" (meaning of course - that little saying).

                      The judge said sympathetically "ooohhh no, ma'am - you're not turnips..."

                      I think he thought I meant "stupid" - or "vegetables" - or something like that ...

                      What he didn't "get" (cause apparently he did not know that saying) is that we are just a couple of turnips (financially) and ya can't get blood from us!
                      Filed Ch 7 -- July 9, 2008
                      341 mtg ---- August 14, 2008
                      Discharged ---- October 17, 2008
                      Closed --------- December 11, 2009!

                      Comment


                        #12
                        well I thought that Amex had settled with you for 5000? Maybe I am wrong here. So now instead of paying Amex your settled amount you have to pay NCO? I think you need to get that clarified because NCO might add interest and penalties etc because your debt to Amex was declared as non dischargeable. I would be proactive with this and make sure you get the scoop.

                        Comment


                          #13
                          Just fell off the turnip truck...

                          Is probably the saying the judge was thinking of, means the same thing as "born yesterday".
                          ichb
                          Filed Chapter 7 June 20th
                          341 scheduled for August 6th
                          Discharged August 2008.

                          Comment


                            #14
                            Turnips just get no respect.

                            Someone revived an old 2007 thread just to comment on turnips.
                            “When fascism comes to America, it’ll be wrapped in a flag and carrying a cross” — Sinclair Lewis

                            Comment


                              #15
                              Originally posted by rrockinggramma View Post
                              well I thought that Amex had settled with you for 5000? Maybe I am wrong here. So now instead of paying Amex your settled amount you have to pay NCO? I think you need to get that clarified because NCO might add interest and penalties etc because your debt to Amex was declared as non dischargeable. I would be proactive with this and make sure you get the scoop.
                              Gramma, this is an old thread and it's a different amex card. I had 2 of them.
                              Filed: October 1, 2007 341: December 10, 2007
                              CONFIRMED: December 10, 2007
                              Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

                              Comment

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