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    Question re "Late to the Game" Creditor

    My case was filed on 10/25/2010. On 10/23/2010, I received a notice from a "new" creditor. Apparently, Capital One wastes a great deal of money collecting small accounts. First, CO attempted collection. Then, they referred the account to AllianceOne, then Global and the "new" creditor FirstSource. Contacted my lawyer and he said just to send a copy of the Court Notice with case number, etc. Sending it certified of course. Anyone have "new" creditors pop up after your filing or even after your Meeting of creditors or even after your Confirmation? If so, how did you deal with them? If it is simply a matter of sending a copy of the court Notice, no problem. Incidentally, if I had my lawyer do it, he would have charged about $110.00 Just curious.

    Also, here in South Florida, the Trustee maintains a website..very comprehensive. One nice thing is that one's payments are recorded and maintained online.

    #2
    My attorney advised me today at my signing appointment -- anytime through the entire 5 year process if a creditor that was not included pops up they can be added to the unsecured creditors. It is a simple modification they file. This is of course assuming the debt occurred prior to the filing This is great because I am sure some have not reported to credit yet and I do not have a bill....
    Chapter 13 Filed November 10, 2010 Indiana - Southern District - United States Seventh Circuit
    Attended 341 hearing 12/15/2010

    Comment


      #3
      I have had new creditors pop up after my case was filed. It was usually from where I listed a specific collection agency on my petition, and in the mean time, they turned around and sold the debt to another junk debt buyer. When the new collector had contacted me, I told them the debt was included in my BK, and gave them my case # and attorney's phone #.
      Filed: 5/22/07; 341 Hearing: 6/27/07;
      Confirmed: 8/13/07; DISCHARGED 4/17/2012

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        #4
        Just so there is no confusion, when a debt is assigned to a new collection agency or sold after you file BK, you do not need to amend your BK petition. Sending them a copy of the BK notice should get them off your back. But, if a new debt "pops up" that you forgot about and didn't include in your petition, you should amend it to add that creditor.

        boochase, it sounds like FirstSource is a collection agency, collecting on behalf of CapitalOne, right? CapitalOne didn't actually sell the debt before you filed?
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

        Comment


          #5
          Originally posted by LadyInTheRed View Post
          Just so there is no confusion, when a debt is assigned to a new collection agency or sold after you file BK, you do not need to amend your BK petition. Sending them a copy of the BK notice should get them off your back. But, if a new debt "pops up" that you forgot about and didn't include in your petition, you should amend it to add that creditor.

          boochase, it sounds like FirstSource is a collection agency, collecting on behalf of CapitalOne, right? CapitalOne didn't actually sell the debt before you filed?
          FirstSource is a collection agency collecting on behalf of CapitalOne. As I pointed out above, Capital One used three collection agencies. Received firstsource's info in a notice mailed the weekend before the Monday of filing. Same debt, just third collection agent used by Capital One. Am sending a copy of the Notice of Filing to FirstSource--which I understand from my lawyer is sufficient.

          Comment


            #6
            Originally posted by boochase View Post
            FirstSource is a collection agency collecting on behalf of CapitalOne. As I pointed out above, Capital One used three collection agencies. Received firstsource's info in a notice mailed the weekend before the Monday of filing. Same debt, just third collection agent used by Capital One. Am sending a copy of the Notice of Filing to FirstSource--which I understand from my lawyer is sufficient.
            Makes sense. If they actually bought the debt from Capital One, I think his advice might have been different since it would have been before the filing date.
            LadyInTheRed is in the black!
            Filed Chap 13 April 2010. Discharged May 2015.
            $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

            Comment

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