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    Annoying Violation of Stay...

    I keep getting these annoying phone calls from Apria Healthcare and when I answer a recording says that "Apria Healthcare is trying to reach you about an important matter, we'll call back later." So they called on June 30th and I spoke to several people in their offices and they took my bankruptcy information and then proceeded to tell me that the account would fall into collections then I told them, no they are prohibited from attempting to collect this debt from us during the automatic stay. Finally got someone who said ok and seemed to understand.

    Then today I get another call, I wait for 15 minutes on the phone to get to their billing department and then they disconnect me while transferring me to the bankruptcy department. So I called the branch and asked for the direct number to the bankruptcy department. He asked if he could call me back with the number, I said ok.

    Why is it the tiny little bills that seem to take the longest to get their acts together?

    Should I notify my attorney of this?
    ichb
    Filed Chapter 7 June 20th
    341 scheduled for August 6th
    Discharged August 2008.

    #2
    I would
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      Thank you! I just sent my attorney an e-mail with all of the information. This whole business wouldn't bother me so much if when they initially called a real person came on the line that I could notify.
      ichb
      Filed Chapter 7 June 20th
      341 scheduled for August 6th
      Discharged August 2008.

      Comment


        #4
        I had one bank contact me after my filing. I sent it to my attorney and he took care of it.

        It's like they don't understand what automatic stay means.

        Comment


          #5
          ichb: Check your PACER account and see if they are listed. Any account that is interested in a payback of any kind will be listed there or on the mailing list. Next time you get a person on this line, state to them that you are recording this conversation (for quality purposes) and your bk # is XXXXXX and that you order them to cease calling you. Yes and ask what their name is or agent # they are. If they did not get the word it probably isn't their fault but once they have a valid bk number, they have no excuse. 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

          Comment


            #6
            Small companies like Apria often don't have large staffs with set processes in place about what to do when they are notified about a bankruptcy. A few companies are so arrogant (insert some credit unions here) that they truly believe they are above the law and continue to harrass for payment anyway.

            As JR said, notify your lawyer they continue to call you as you have already done. He/she will send a strongly worded letter to them and that should be the end of it.

            And by the way, going forward let your lawyer handle these violations for you. When a creditor calls asking for payment get a person to contact, a mailing address, and a phone number - then send those right away to your lawyer. It's not a good idea for you to be dealing with these people on your own without your lawyer's knowledge. That's what you are paying him/her for.
            Last edited by lrprn; 07-07-2008, 12:12 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 go

            Comment


              #7
              Handing this matter over to your atty will clear the matter up for you. I had one creditor send my acct. to collections a month after I filed. They even send me a nasty collections notice. I simply called the number on the notice and gave her my bk info. as well as my attorney information and that handled that. The lady on the phone from the collection agency wasn't too happy, but who cares that's life.
              Filed Chapter 7 (Primarily Business Expenses) 04/10/2008 FICO 468 :cry:
              341 on 05/06/08:unsure:House appraisal on day 63:blink: 07/10/2008 Discharged-Asset Case!!!:yahoo:08/09 Transu 559, Equifax 636, Experian 647
              Case Closed 07/15/2009 :D:yahoo:

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