Collections letters

[sumoboy]

Has anyone received collection letters after their plan has been approved?

I forwarded a collection letter to my lawyer. Apparently I missed this creditor on my listing.

Currently, my lawyer is amending my filing, but not before the same creditor sent a second collection letter.

Do I need to respond to the creditor, or just let the lawyer handle it?

[justbroke]

Let your lawyer handle it. He'll send them the Notice of Bankruptcy and amend your Creditor Matrix to include them.

[AngelinaCat]

I agree with justbroke. That is what you hired the lawyer for.

[liz417]

Hi Sumoboy,

Let your lawyer handle everything. Also, I would double-check and make sure you didn't miss any other creditors.

[sumoboy]

The collections company called my home phone and left a voicemail. I am sure that they recieved the letter from my attorney concerning my bk filing.

I have notified my lawyer on this communication from the debt collector. I am hoping that this phone call is actionable.

I have saved the voicemail.

[NowImDownInIt]

I think it is. I know that it is in violation of the automatic stay, if they have indeed received the letter and after 11 days, I'm sure they have. Just wait until JustBroke reads this, this kind of stuff is incredibly exciting to him. LOL

[sumoboy]

I think it is. I know that it is in violation of the automatic stay, if they have indeed received the letter and after 11 days, I'm sure they have. Just wait until JustBroke reads this, this kind of stuff is incredibly exciting to him. LOL

Any advice would be appreciated. I'm sure my atty would be glad to listen to the voicemail.

[justbroke]

I think it is. I know that it is in violation of the automatic stay, if they have indeed received the letter and after 11 days, I'm sure they have. Just wait until JustBroke reads this, this kind of stuff is incredibly exciting to him. LOL

Yes, I'm excited, but also was moving this weekend. Boxes everywhere! LOL

Generally, you need to warn them, by sending them a not-so-friendly letter telling them to stop and that they are v violating the order. Of course, there are some instances, from caselaw that I have read, that you can instantly go after them on a Violation of the Automatic Stay. That would include starting or continuing a lawsuit, sending you dunning letters, doing stuff to your credit, filing a lien, etc.

Otherwise, if it's just a call, then you warn them harshly the first time. After that, kit's fair game. The key is to have this all documented including the lawyers letter. Then, the next time they do it, it's an instant Motion to Show Cause and for Sanctions!

I only WISH I could do one of these. Let's us little guys feel empowered. Hey, that's why we went to Federal Bankruptcy Court, to have the power of the Court behind us to protect us.

However, the Courts, from the 40+ cases I've read on this topic, don't like "petty" Motions for Sanctions. The Courts do take it very seriously.