FDCPA during Chapter 7

[chrisinca]

Hi, I recently filed Chapter 7, and now I got a letter from one of my creditor's attorneys that says that I charged about $4,000 to my credit card a little more than six months prior to my filing. The attorney was nice enough to suggest a repayment plan. Reading between the lines, the letter seems like a precursor to filing an Objection to Discharge.

I was pretty stressed at the time, and I don't remember charging that amount, unless I paid off some other card, but I don't have the credit card statements from that time period or anything. After reading a lot of the info on here, it seems like the small amount of money might deter the attorney from coming after me too hard (for just a $4k dispute). I guess my question is, does the Fair Debt Collection Practices Act apply during Chapter 7, and if so, should I ask the creditor's attorney for proof about the amount I was supposed to have charged to the card? I don't want to shove a stick into the beehive, if you know what I mean.

Any other advice on dealing with the attorney (or if I even should respond) would be appreciated, too...

Thanks,
Chris

[krielly]

Do you have an attorney? If so, forward this letter to him.

[lrprn]

Hi, I recently filed Chapter 7, and now I got a letter from one of my creditor's attorneys that says that I charged about $4,000 to my credit card a little more than six months prior to my filing. The attorney was nice enough to suggest a repayment plan.

If the letter you received is dated after you filed, then this is a blatant violation of your automatic stay. Bankruptcy judges take a VERY dim view of creditors who try to circumvent the bankruptcy process this way.

Any other advice on dealing with the attorney (or if I even should respond) would be appreciated, too...

In this case, it's your automatic stay that's the big stick. (And in any case, the FDCA only applies to collectors, not the original creditor.)

If you filed with a lawyer, as krielly already suggested, give this letter to your lawyer immediately so he/she can send the creditor lawyer a strongly worded letter to cease and desist all contact immediately or face legal action.

If you filed without a lawyer, then craft a letter telling this lawyer that you filed Ch 7, that contacting you suggesting any form of payment for a listed debt was a violation of your automatic stay, and you will seek legal action against them if they contact you again. Send the letter as registered/return receipt so you have a record they received it. That should do the trick.

Good luck and keep us posted on what happens, ok?

[chrisinca]

Thanks for the advice! I'd hire an attorney if I had the money to do that, but I think I'm just going to let it go. Its been a few weeks, haven't heard anything from them, maybe I'm worrying for nothing, and I don't want to bring undue attention to my file over there. I just hope I don't get any nasty surprises from them before my discharge.

[CindyLou]

I wouldn't set up any payment plans!! They haven't even objected yet. Even if they object they still have to win. So if and when they object AND win, then you can set up a payment plan.