Collection attempt during 60 day period after 341 meeting

[wingnut]

Hello,

Today I received a letter from an attorney representing the company which bought some of my debt. The original creditor, the new owner, and the collecting law firm were all listed correctly on my Creditor mailing matrix.

What action can I take against this firm for sending me a dunning letter after I have filed?

My understanding is that after filing chapter 7, I am protected against collection attempts.

I haven't received any notices of creditor objections since the 341 meeting (about 2 weeks ago).

Thanks!

[keepmine]

Inform your attorney.

[JRScott]

Take the letter to your attorney, he's gonna love this.....

[wingnut]

peo se..

I filed pro se!

Looks like I have some quick research to do.

Is this similar to what can be done to a creditor if they receive a cease and desist letter and attempt to collect afterward?

It seems like this thread could be under COLLECTION ATTEMPTS as well...

Thanks for the help!

[JRScott]

I assume the letter came with a contact number.

I'd call the number, when the first person answers, ask to speak to the supervisor or manager.

Tell them that they have violated the automatic stay in force for the account (give account #), tell them that bk case (give number) was filed on (give date) in the (give district) of (give State). If further attempts are made in violation of the stay I will have no choice but to pursue the full legal recourse of 1000 dollars per violation that I am entitled to.

[wingnut]

By Mail? Email? fax?

Hey,

Just to be more official, perhaps I should create an email trail with this.

The law firm's website has an email contact. I'll scan their dunning letter, and send that along with a copy of the notice of 341 meeting. In the body of the email I'll convey the info you suggested for the phone conversation.

Is Google mail officially better than the post office for matters like this?

Thanks!

[JRScott]

Well it would create a paper trail of sorts, sounds like a good idea.

[AngelinaCat]

I would use the U.S. Post Office for your paper trail. Email if you want, but follow up with the snail mail. Send any correspondence certified with return receipt. You want your P. O. receipt for the certified service, and that signed green card in your hand, proving that someone in that attorney's office signed for it. And keep copies of your correspondence with the receipts in a notebook for easy reference.

Good luck.

[justbroke]

I have just sent my own "dunning" letter to a Creditor. They keep calling me and they have been notified since 7/18/2008 of the filing. They know this, because as soon as I complain, they say "oh, yeah, I see here you filed Bankruptcy (click)". The clicking sound is them immediately hanging up.

This is a violation of the automatic stay. Send at least one letter and note any times that they called or written you in a log (I log all my calls that I made or were received in a spreadsheet with my entire case events and expenses.)

I sent them a certified letter, with return receipt. It was addressed to their "Legal Department". I now have a paper trail, voicemail trail, recorded message trail and log.

The key part of my VIOLATION OF AUTOMATIC STAY letter read as this...

Please send within (10) days of the date of this letter, notification that you have addressed the aforementioned issues and that you will refrain from further attempts to collect this debt. If I don’t hear from you within the time allotted, I will ask the Court to enter an Order to Show Cause and have you appear before the Bankruptcy Court

[wingnut]

Thanks...

Thanks for the advice.

Should I forward copies of my correspondence to the Judge and Trustee involved as well?

Thanks!

[justbroke]

Thanks for the advice.

Should I forward copies of my correspondence to the Judge and Trustee involved as well?

Thanks!

Trustee doesn't care. Judge doesn't want it, technically.

If it's just correspondence and doesn't need to be docketed, then it's for you. When, and if, you decide to file a Motion to Show Cause... then you need to serve that motion upon the Trustee and the offending party and file it with the Clerk of the Court. You would attach a copy of that letter and mention it as an Exhibit in your pleading (Motion).

This is procedural stuff that you should really be familiar with if you're a pro se filer.

[BKParalegal]

No, neither of them will want to see that or care. It is common practice to allow creditors one violation with no recourse. You have to properly notify them via a letter (certified is best) or some way of tracking it (email works as well) if they continue to collect, then they are truly in violation of the automatic stay and then you can pursue compensation.

Good Luck