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    #1

    alarm company

    Ok Help. I stupidly signed an alarm contract last year (this was pre bankruptcy thinking). Its a 5 year contract with guardian. If anyone has ever dealt with them you know they don't want to ever let you out of a contract. We filed and included them in our chapter 13. They are still "monitoring our alarm" even though we have asked them not to. We haven't armed the system since we filed. I just got my mail today and they sent me a bill. Showing a bk writeoff for the 99 dollars we were behind prior to filing and a balance of 49 dollars for the current month? Wth...we specifically included them as a breach of contract. They haven't filed a claim that I can see on pacer and I am at a loss. I will contact my lawyer, but I'm just wondering if anyone has any ideas?
    My bankruptcy plan isnt even confirmed yet.
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    #2
    Ok. It was as I thought. They are trying to pull a fast one. I contacted my attorney who of course told me to tell them that they are in violation of the court order by sending me a bill. They tried to tell me that until my chapter 13 was actually "confirmed" that they could send me bills. My attorney told me to hang on to all bills and get them on google voice if they call back. Hehe.

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      #3
      Your lawyer is 100% correct. Save everything they send you on paper and (as long as your state allows you to record phone conversations without the other party knowing - some do and some don't), record any phone calls from them as well. You could end up with $1000 for every violation this very foolish company commits.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !
      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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        #4
        kjrmom911, I sort of went through the same thing. I signed a 5 year contract for my business, with a small alarm company, about a 2 years pre-bankruptcy. When I was closing my location, I also asked them to stop monitoring which they refused. I included them on my matrix, but they kept sending statements and making phone calls to my home telephone. Finally, about a month after filing and after their last stament (which they kept adding more monthly charges and interest) I called their AR person, told them they could be in a lot of trouble if they didn't stop, and gave them my case number and attorney's contact info. Never heard from them since, and they didn't even bother to file a claim :-)

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          #5
          Lilly..the funny thing is that they obviously "know" about my bankruptcy because they put all the charges that were prior to my filing date as "charged off due to bankruptcy". Then charged me for the current month. They tried to tell me they can charge me until my bankruptcy is confirmed as I am filing a 13. Whhhaatttt? I told them they were violating a court order, they hemmed and hawed and said they would have someone call me back. Interesting.

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            #6
            Unbelievable! What some of these people will try.

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