Happy Thanksgiving everyone. I just wanted to give an update on my "fight" with Guardian Alarm about no longer being responsible for my contract since it was not included in my bk13 plan. They have been billing me monthly since I had my hearing,claiming that I was responsible for any charges incurred after the hearing. I called them on it and wenesday I got a certified letter from them stating they were cancelling my contract due to the bankruptcy and that as of November 28th they will no longer be monitoring my property. I have a feeling they are still going to try and collect for june to now even though I never once utilized the alarm or their services They want me to sign this letter and mail it back to them. I'm not sure I need to or should sign anything. Anyone had anything similar? aT least it appears my fight with them is over.
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Don't sign anything and if they ever call you again tell them to go pound sand.
My $0.02 only...
Good luck to us all.No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you. -
If you haven't already, get in touch with your lawyer to explain what's been going on with the alarm company. Then get his/her advice about what to do about the post-filing charges which you may actually owe since you didn't list them as a creditor when you filed and up to now apparently your lawyer has not amended your plan to add them. Sign NOTHING until you have talked with your lawyer first.
Find out what your lawyer thinks is the best way to proceed in this situation given your local court's prior case law decisions about unsecured debts that accidentally aren't included on the creditors list at filing. In some courts, the forgotten unsecured creditor will have to pound sand
. In other courts, the forgotten unsecured creditor has to be added to the creditors list to deal with what you did owe before filing, and you still may have to pay them any post-filing newly incurred debt. Your lawyer should know what's the case in your situation.
Last edited by lrprn; 11-26-2011, 08:09 PM.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 goComment
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lrpn...maybe I didn't explain well enough. They were included in my list of creditors. They were trying to claim that they could continue to bill me even though the contract with them was rejected in the bankruptcy filing. They have been tricky even sending me a bill that showed the "WRITEOFF" DUE TO bankruptcy for the 3 months I didnt pay them before filing and then trying to continue to bill me monthly since then. I will call my lawyer before signing anything. I'm just glad it appears my fight with them is OVER.Comment
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Last Fall, I had a similar situation with an alarm company for my closed business location. They were included in my list, but kept calling my house and sent me a statement about 2 months after I had filed my chap 13. They said for me to fax them the paperwork, about my bankruptcy. I said that they were already mailed my petition, should stop all contact with me, and gave them my case number, attorney's name and phone number. I never heard from them again.
kjrmom, your fight with your alarm company should soon be over.Comment
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