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????
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????
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