Can they do this??

[xcracer522]

Hello everyone - I am a new member however I have been hanging around and reading posts for a while now. I have some good news and some troubling news. The good news.....I am just over a month an a half from the end of my chapter 13 (the longest three years of my life). The bad news.....I just got a letter in the mail from a collection attorney in Ohio stating that Dell (the PC company) has hired them to collect a debt of $1375.00 that I owe them. This debt was included in the bankruptcy filing and Dell did not file a claim against the debt in the initial stages. I double checked my last quarterly notice to verify and for Dell it says "no claim filed". I found it really odd that I got this letter just a month and a half before the end of my plan. It was my understanding that if a creditor did not file a claim at the 341 then the debt was dismissed. My question is, can a creditor come after me once the bankruptcy is over if they didn't file a claim against the debt? I will be contacting my attorney on Monday but it was bugging me enough to where I felt the need to find an answer before Monday.

[rrockinggramma]

wow. You have a case. First of all, they are in violation of the auto stay. I would call them and tell them that and give them your case number and your filing date and let them know that Dell never filed a claim in your case and they are out of luck. Then I would let them know that if you ever hear from them again, you will sue them in court for violation of the auto stay.

And you are right, they are discharged when you are discharged. Also, yes let your attorney know because they also can go after them for violation.

[xcracer522]

That's awesome - Should I at least make my attorney aware of the situation first before I call myself? Oh, and thanks for your help!!!

[rrockinggramma]

Well I would call them and see what they say and how they react. There are many places out there today that buy up these "junk" debts and then try to intimidate you into thinking that you owe them the money. You don't owe them anything!! Their bad if they didn't file a claim. If you meet resistance, then I would let them know that the next call will be from the BK court. And yes, I would also document the conversation and forward it to your attorney so there is a record incase this JBC (junk bill collector) doesn't get the message. You would have a case in BK court for violation of the auto stay. Read the clips from Hopeless about her van. She collected from the CU for repossession AFTER her discharge. It dragged on for several months but was financially worth it to her in the end. GL

[Flamingo]

When we were discharged, our attorney sent us a wonderful letter outlining some of the things that could occur after BK and what to do if they should occur. One of them was one of the creditors trying to come after us for discharged debt. The letter stated to contact him immediately. Let your attorney know about what you received and follow his/her advice.

[bkdone]

Everyone here is right!! They cant come after you now. Make sure that when you check your credit reports that Dell doesnt show this balance as due or currently overdue. I had several creditors that failed to file a claim, who then tried to report those balances as currently due!

[CindyLou]

My brother's attorney gave him a letter to send to any creditors that try to collect after not filing claims (he had a BUNCH of creditors not file claims and he is in 100% payback!)....

He has gotten 6 or 7 collection attempts and just simply faxes over the letter and they have gone away. I guess they didn't get the "memo" the first time....too bad, too sad!

[xcracer522]

Thanks so much for all your help folks!!!! I can't wait for this to be over with!!!

[2confused]

My husband has his own business and had to get workers comp. (even though he had nop employees) We let it go...they said they would cancel it if we don't pay, so we let them cancel it and did not realize that they continue to charge us. Now, it is with their collection dept. I remembered all of this after filing petition. Asked lawyer what to do and he said to just fax them a statemnt from the court because to officially pot them in would hold up everything. After this posting, I am afraid it willcome back in the future. It is for 1,500, any advise? (50 days away from discharge)0

[xcracer522]

I called my attorny's office this morning and they are ticked. They asked me to fax them the letter and they would take care of it. If I hear anything back from them I will keep everyone posted.