Sued after filing

[Geeznowwhat]

I finally mailed the filing on Monday morning.

Today I have in the mail a notice that a new collection agency will file against me for a debt.

I knew nothing about this new collection agency when I filed. (I knew about the debt and included in in the matrix, etc.). So..already I have to amend the filing..and they have probably only just receive it tomorrow!

But..how do I stop the collection agency from filing a lawsuit? Can I just by telling them I filed in August 3 (date it was mailed)? Will the court tell them to withdraw the lawsuit? Will this also go on my credit too? Chapter 7 is going to be a big hit...but another lawsuit will drop me by even more....sure would like to limit that, additional damage.

Guess I was about a week too slow.

[justbroke]

You shouldn't need to amend. Call them or write them and tell them that you filed. You should be able to call and ask them to note the District, Case #, Date Filed and the Chapter (7/11/13). Don't let them intimidate you by saying things like "we haven't confirmed", "we have no records or such bankruptcy"... just ask that they record the bankruptcy information. They may ask for your attorney and just tell them that you are self-represented.

The collection agency should go by what you filed for the original debt. They can't legally sue you for the debt although that wouldn't stop them from actually filing a lawsuit. They would be violating the automatic stay if they sue you after you informed them that you filed bankruptcy (and provided the information listed earlier). I can't tell you whether or not they actually placed a note on your credit report, but if they did so after you filed, then they would need to remove that collection item from your credit reports. Only a foolish collection agency would file a suit "knowing" that there is a bankruptcy that was filed (although they could file a lawsuit, adversary proceeding, within the bankruptcy).

Hopefully this is a collection agency that understands bankruptcy and the automatic stay. Hopefully they won't tell you things like "well, we didn't know", and try to get around you actually having them record your bankruptcy information! You could also mail them a copy of the Notice of Bankruptcy using certified mail return receipt.

I would test the waters by calling them and informing this new collection company about the bankruptcy. You may get them to back off instantly.

[Geeznowwhat]

My guess is that the court probably won't get the mail until Wednesday. And, I request a fee waiver...so, would a case number be assigned right away..or wait for either payment or waiver granted? Does the filing date count from the post mark, the date received, or the date the filing fee is either paid or waived? ,

I will call and tell them I filed the day before I got their mail. See what reaction I get.