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    Odd letter from creditor?

    After filing my initial petition, I got a few letters from credit card creditors saying something like "we understand you have decided to file bankruptcy, and we are therefore closing your account... you can no longer use the card for new purchases, but balances need to be paid.. blah blah blah." Obviously, the creditors were notified as part of being on the creditor matrix filed with my ch7.

    HOWEVER, one creditor sent me a letter which said something like "we understand you are considering bankruptcy. please send us a copy of your petition or a notice of hearing within the next 30 days. if we do not receive one from you, we will assume you have decided not to file."

    Isn;t this a bit bizarre? I mean, sure they can ask all they want, but why should I have to send them a copy of my petition? or even nmotice of hearing? They were included like every other creditor in my creditor matrix. My mortgage company knew very well that I filed and filed a notice of appearance to show up on the date.

    So - should I ignore this? (It was not sent certified mail or anything, so how do they know I even got it?) What is the harm if I disregard? I cant see how I am supposed to send all this info singlehandedly to my credtors if they were otehrwise notified already per the matrix.

    Is this creditor being jerky and trying to bully? (Note, it is well known credit card issuer and also now they have banks.)

    Thoughts?

    #2
    Every creditor on your petition WILL receive the filing, the automatic stay and when your 341 is. It is possible that some creditors never receive this though. Sometimes, paperwork gets shuffled around and documents are misplaced. If you hired an attorney to handle your case, inform him/her that you received these letters and your attoney will handle it if this continues. I suppose some creditors would want you to contact them and in an attempt to persuade you to agree to something, so it's wise to NEVER speak with them, other than to inform them you have an attorney representing you in a BK and give them the attoney's contact info. That's all you should say and nothing more. That said; it's not that bizarre for your creditors to request a copy of your petition and what not and it's not bizarre for you to do so. But again, if you hired an attorney, speak with him/her first and let them advise of what to do, or what not do to.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

    Comment


      #3
      I got a couple of those same letters. One complete with a form for me to fill out letting them know all my bankruptcy info and some extra info for good measure. I filed them away and did not respond. They got the only information they needed when the court notified them. Beside that, we were represented by an attorney, my thought was that they could talk to him, but I am sure they knew that too as those same creditors were told on the phone our attorney contact info previously.
      Last edited by CountryGirl; 08-28-2008, 04:22 AM.
      Filed: 7-4-2008
      341: 7-31-2008

      Is it me or do we all still seem to be hanging out in the hall at high school? Grow Up!

      Comment


        #4
        When you file BK, you creditors will be notified by the Court that you have filed BK. After filing, all correspondence they have should be with your attorney, not with you.
        Do not send any creditor a copy of your petition!!! They only get a copy of your matrix from the Court. Your petition is really none of their business and whats in it..... Your petition is handled by the Trustee and the Court.....
        All the creditors are supposed to do is submit their claim against you.
        Any creditors that contact you, direct them to your attorney.....
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

        Comment


          #5
          I think they are fishing for information from uninformed consumers, who will give their attorneys more of a chance to find out if they have any ground to stand on when filing an objection. I would never provide any information to a creditor if you have an attorney. A couple of mine have called since filing and I just kindly give them the name and phone number of my attorney, all other questions they ask (trust me they always try to get more information)I get quite stern with them and tell them bluntly that my attorney will give them any information they need if they are warranted to receive it.

          I've just discovered that you should NEVER VOLUNTEER INFORMATION.

          Comment

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