Could be red flag???

[dp1969]

OK, this is going to sound vain but in March 2007 I had cosmetic surgery and was financed through Capital One Healthcare. They immediately sold the account to CIT who is listed on the Schedule D for the BK. All the creditors have stopped calling, except for them. They say they need more information regarding the BK. When the procedure was done we, honestly, did not know going into it that 11 months later we would be filing BK. Anyone think that CIT will object?

[rrockinggramma]

Were any payments made in those intervening 11 months? If so, then the burden of proof is on their shoulders, not yours. And payments on the debt prior to filing hardly sound like someone is trying to get out of paying it off.

[dp1969]

Were any payments made in those intervening 11 months? If so, then the burden of proof is on their shoulders, not yours. And payments on the debt prior to filing hardly sound like someone is trying to get out of paying it off.

Yes, we made all the payments up to a month before filing.

[FreshLikeADaisy]

If you've been paying all this time, you're golden. They approved you, you did not give them fraudulent income info on your app (I hope!) and you're well past the time limit for "luxury" purchases, IF your specific surgery can be considered luxury, which I don't know. There is no actual basis for a claim of fraud, but they could still file an objection if they were so minded.

Rockinggramma is right, the burden of proof is on them. If you continue to provide "additional information" to them when you have already declared bk, you are simply helping them to prepare a creditor objection to your case. They are not supposed to be calling you AT ALL, and they know it. Please stop helping them... Next time they call, give them the case number and tell them they have to talk to your atty (or look at your filing, if you're pro se) and that their call is in violation of the automatic stay. They'll stop calling soon enough. Good luck!!!

[dp1969]

If you've been paying all this time, you're golden. They approved you, you did not give them fraudulent income info on your app (I hope!) and you're well past the time limit for "luxury" purchases, IF your specific surgery can be considered luxury, which I don't know. There is no actual basis for a claim of fraud, but they could still file an objection if they were so minded.

Rockinggramma is right, the burden of proof is on them. If you continue to provide "additional information" to them when you have already declared bk, you are simply helping them to prepare a creditor objection to your case. They are not supposed to be calling you AT ALL, and they know it. Please stop helping them... Next time they call, give them the case number and tell them they have to talk to your atty (or look at your filing, if you're pro se) and that their call is in violation of the automatic stay. They'll stop calling soon enough. Good luck!!!

I'm not answering the phone (caller ID ). My husband was the one who told them that we had filed and to stop calling. He's getting so upset and I've told him to stop answering the phone...that's why we have caller ID! I will remind him that the more info, the more they can object. Thanks for the "head's up".

[FreshLikeADaisy]

When they call, just state your case number, district, and that they are in violation of the automatic stay. And then transfer them to Miss Dialtone for more information: *click*

You filed recently, so they may not have been notified yet, but they should be getting that mailing shortly. In either case, once you give them your case #, district (i.e. Middle District of Florida, Northern District of Virginia, etc.) and make it clear that any future calls will be met with legal action, they'll stop. And you don't have to listen to anything they say, or engage in any way, just name-rank-and-serial-number, *click*. So to that extent, it may be worth picking up the phone. But even if you don't pick up the phone at all, the calls should stop very soon anyway.

Good luck!!!