How to handle collection agency that does not want to honor BK13 stay?

[BigJohn]

We filed BK13 about one month ago. Yesterday, one creditor assigned our debt to a certain colletion agency and today they started calling. The collection agency refuses to honor the bankruptcy stay. They claim they were not notified by the court so they do not have to comply. I told them to reverify the debt with the original creditor. They said No. How should I handle these people?

[screwedupbyRE]

Give then your attorney's phone #. your attorney should be handling this.

[justbroke]

Tell them that you are going to give them your case number, district and filing date. Then give them your attorney's name and number. Tell them that you are expecting them not to call back as that would be a violation of the BK laws and that your lawyer would pursue any such violations aggressively.

[or30313]

I agree with what everyone else says. However, after you've given them your attorney's name, then send them a cease and desist letter (here's an sample letter). Make sure you send it certified mail, return receipt. After you send that letter, you'll never hear from them again.

[BigJohn]

Give then your attorney's phone #. your attorney should be handling this.

I gave them my lawyer's name, they claim the debt is not between them and my lawyer but between me and their client. They claim that because they just got the debt and have not been notified of the bankrupty, therefore they don't have to honor the bankruptcy. I think they are retards.

[rrockinggramma]

Definitely get your attorney and the trustee involved. Write an official letter to all three (1 letter to the debt person) and copy it to the trustee and the attorney. Make sure you include your BK details.

Let them know that for each contact made by them to you they owe you 1000 to be turned over to the trustee.

The trustee should and could sanction them. Go after them!

[catleg]

Forward your home number to the judge's home phone number. That should fix the problem.

[StartingOver08]

BigJohn, I think you should send that letter that RRockingGramma suggests - to the CA With a copy to the Trustee and the Attorney. Make sure to mention that they have been previously notified (the BK court would have sent the notice to the OC and that is the debt that was sold).

Get those sanctions - even if the $$ goes to the Trustee - we have ALL got to report these violations in order to get them stopped. The CA's count on us being so exhausted from the constant harrassment that we will ignore it. Unless we all put up a fight, it will just continue.