Question about Creditors still calling

[debtfreeplease]

I filed ch 7 on 10/31, and 2 of my creditors are still calling me, Capital One and Macys. I dont pick up the phone when they call and my question is this: they obviously are not aware of my BK since they are still calling me. Can they claim that they were not aware of the BK and have this hold up my discharge? Or is it their fault they don't know, and once I get my discharge its done?

I also have my 341 this friday, 12/5. I have not received a letter or a phone call from the trustee, is this normal? I have read about other people getting a letter from the trustee regarding what they need to bring to the meeting. Is this good that he hasnt contacted me? I am so nervous, I just want everything to be ok...

[Mark80]

You had to list all creditors you owed money to on your paperwork. Your Attorney should have sent letters out to all of them and the calls should have stopped on their own. If they have not, just answer their calls and direct them to your Attorney. You shouldn't be bothered again!

And as long as they are listed on your filing you have nothing to worry about.

[StartingOver08]

First of all, do you have an attorney? By now you should have received a copy of the petition that was filed along with the letter giving the time and date of your 341 hearing. At the time you got your packett - the creditors got their notice!!

So no, Macy's and Capitol One are not supposed to be calling you. Pick up the phone and tell them one time - your filing date, your case number and the attorney contact info. If you do not want to do that, inform your attorney and he will send out a very stern letter to the creditors that ignore your filing and the automatic stay. The reason you want to inform your attorney is because if they keep contacting you - then he can actually collect fees/sanctions for willful violation of the stay.

I have read here before that people just say let it go - but I believe if we call their bluff and cost them some money for these violations - they will learn. Otherwise it pays them to hassel us and ignore the law.

[magyar123]

Did you file pro se or through an attorney? If Cap One and Macy's call again just tell them that you filed, give them the case #, and /or your attorney's name and phone #.
The document notifiying you that your hearing is on 5th must have included some information about what to bring with you.

[debtfreeplease]

I filed through an attorney, the only document that I received was the one about the 341, it only listed me to bring identification. I have just heard of trustees requesting updated bank statements and receipts and things like that.

[StartingOver08]

I only had to bring my SS card (original), my drivers Lic, and a copy of my bank statements showing the balance in my checking accounts as of the date of filing. You might want to call your attorney to clarify.