filed papers-still being contacted by debt collector

[angelmomsheila]

I just have a quick question. I filed my papers 9-6-07 for chapter 7 and listed all of my creditors. However, I think one of my creditors turned over the debt to a collection agency after I filed but before receiving the notice.

My question is-should I file an ammendment to add the debt collector to the list of creditors or will they eventually find out from the original creditor. I really would like to avoid having to do the amendmant because it costs $26 and alot more paperwork to costs to notifiy all the rest of the creditors of the amendment. I'm worried though that it won't be discharged if I don't find out who they are and send them the notice directly, even though the debt originated through someone else.

Any advice would be greatly appreciated!

[Boscoe]

Check with your attorney, but you should be ok without amending. This happens all the time, and it is a matter of timing from when you file and how late your payments are, i.e. how far past due you are.

As far as the debt collector calling, you can answer and say that you have filed chapter 7 bk and that you can give them your attorney's name and number if they'd like. But now that you file, they are NOT to call anymore - that is violation of the automatic stay.

The only other thing you can do is to send them a copy of your bk notice - the 1 page sheet you should have received from your attorney listing all the deadlines to object, the date of the 341 meeting, who your trustee is, etc.

[rilbrianne]

If you are sure you put that debt on the matrix, you shouldn't have to amend. As long as the original creditor has been notified you should be ok. You should still call and give them your case number though, just in case. I had to make a few phone calls because I received a few letters. I even sent a letter back to one of them stating that "an automatic stay is in effect. If you continue to make contact regarding this matter, you will be reported and may be liable for prosecution..."

It worked. They are usually very nice on the phone, just take your case number and that's it.

If they know you filed and continue to harass you though, then you can report them to your trustee. They take it very seriously.

[familyof7]

Tell them you filed as long as the original creditor is listed it is all that matters. Give them a case # and that should end it.