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Filed 12-22, now getting certified mail

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    Filed 12-22, now getting certified mail

    One of my creditors sent me certified mail today, it was a home improvement loan and the balance is around $1800. They were one of the bastages that even though I told them early on to contact my lawyer, they fought with me saying they were going to sue me. I got into a screaming (literally) match on the phone with them one day because they were so rude and beligerant on the phone.
    Any way, I came home today to a US post office "missed you" certified mail notification. Should I accept the mail?

    I cant see them doing anything as I am under the automatic stay. I thought the fact that they are even contacting me was ballsy, I thought they werent supposed to.
    Retained bk7 laywer 8-12-08, Filed 12-22, 341 Meeting Scheduled 1-29-09
    Discharged 4-17-09!!!
    Reason for filing: Medical, NOT irresponsibility with credit.
    "Sometimes you have to fall before you fly"

    #2
    Pick it up and turn it over to your lawyer.

    Comment


      #3
      Ok so if I pick it up, thats not any acceptance or admission for a suit is it?

      Ive googled said creditor and MAN OH MAN are people having the same experience as myself. Horrific in house debt collections, harassment beyond the call of what is allowed, etc...

      I will definately call my lawyer tomorrow too and get their advice. I bet they are just going to contest my bk to make my life miserable. It seems like that would be their style
      Retained bk7 laywer 8-12-08, Filed 12-22, 341 Meeting Scheduled 1-29-09
      Discharged 4-17-09!!!
      Reason for filing: Medical, NOT irresponsibility with credit.
      "Sometimes you have to fall before you fly"

      Comment


        #4
        Picking up/signing for that piece of mail does not mean anything. Give it to your attorney. If they call you again read them the riot act about them violating the automatic stay.
        By the way - why didn't you give them your attorney's name and phone # the first time they called?

        Comment


          #5
          Just accept it. The signature card just indicates who received it. It's not an admission to anything, other than receipt.

          Give it to your lawyer. The lawyer will send them a nice "stop" letter telling them they are in violation of the automatic stay. You should never see another one of those.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            Originally posted by Intoodeep80 View Post
            Ok so if I pick it up, thats not any acceptance or admission for a suit is it?

            Ive googled said creditor and MAN OH MAN are people having the same experience as myself. Horrific in house debt collections, harassment beyond the call of what is allowed, etc...

            I will definately call my lawyer tomorrow too and get their advice. I bet they are just going to contest my bk to make my life miserable. It seems like that would be their style
            They can not contest your BK. did you give them your case number? If not do so and if they still do not leave you alone you sill have a good violation of stay case.
            Chapter 7 07/30/2008
            341 09/17/2008
            Discharge 11/21/2008

            Comment


              #7
              Originally posted by magyar123 View Post
              Picking up/signing for that piece of mail does not mean anything. Give it to your attorney. If they call you again read them the riot act about them violating the automatic stay.
              By the way - why didn't you give them your attorney's name and phone # the first time they called?
              Ive given it to them every time!! This was before I officially filed (I retained lawyer in August, filed in December) and didnt have a case number yet but my lawyer told me to give their name/number out. Every time they'd call and say they dont care about my lawyer, I havent filed yet and they will sue my socks off. They would talk over me, yell and Id hang up only to have them call back a dozen times.

              Check my threads - a few months ago I made one about being harrassed... This was one of the creditors (out of 2) that was totally relentless.
              Retained bk7 laywer 8-12-08, Filed 12-22, 341 Meeting Scheduled 1-29-09
              Discharged 4-17-09!!!
              Reason for filing: Medical, NOT irresponsibility with credit.
              "Sometimes you have to fall before you fly"

              Comment


                #8
                Originally posted by TEW View Post
                They can not contest your BK. did you give them your case number? If not do so and if they still do not leave you alone you sill have a good violation of stay case.
                I didnt because I didnt have it yet last time we talked on the phone. My Lawyer told me to stop picking up the phone when they call.

                I also changed my phone numbers about 2-3 weeks ago. Both my cell and home.

                Besides that, they are on my petition, my matrix, and my creditors addresses. They for sure received a bk notice after I filed on 12-22.
                Retained bk7 laywer 8-12-08, Filed 12-22, 341 Meeting Scheduled 1-29-09
                Discharged 4-17-09!!!
                Reason for filing: Medical, NOT irresponsibility with credit.
                "Sometimes you have to fall before you fly"

                Comment


                  #9
                  Stop talking to the collector vermin. Now that you've filed, give out your case number and then even if they are still talking, just hang up the phone.

                  Keep track of who continues to call after getting your case number - person, company, date, and time; then give the list to your lawyer. If your state allows you to tape record phone calls without permission, set that up and get this creditor on tape violating your automatic stay. Bk judges HATE creditors that do that, so if you and your lawyer decide to pursue an automatic stay violation case, it's a slam dunk and some cash could eventually come your way.

                  Don't get mad - go after some of *their* precious cash They are the ones breaking the law here.
                  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


                    #10
                    Originally posted by lrprn View Post
                    Stop talking to the collector vermin. Now that you've filed, give out your case number and then even if they are still talking, just hang up the phone.

                    Keep track of who continues to call after getting your case number - person, company, date, and time; then give the list to your lawyer. If your state allows you to tape record phone calls without permission, set that up and get this creditor on tape violating your automatic stay. Bk judges HATE creditors that do that, so if you and your lawyer decide to pursue an automatic stay violation case, it's a slam dunk and some cash could eventually come your way.

                    Don't get mad - go after some of *their* precious cash They are the ones breaking the law here.
                    Oh, I dont talk to them and havent for some time. I changed both of my phone numbers in December too, and they are unlisted and unpublished. In October, I also bought a new cordless phone set that you can block up to 20 calls. I added all of my 888-866-800 collection calls to the list from my caller ID

                    I just called my lawyer, they said accept the notice and if they are on the list of creditors who received notice we are going to pursue it. But my lawyer said first lets make sure they received a notice first (I know they did, they are on the matrix and list of addresses).
                    Retained bk7 laywer 8-12-08, Filed 12-22, 341 Meeting Scheduled 1-29-09
                    Discharged 4-17-09!!!
                    Reason for filing: Medical, NOT irresponsibility with credit.
                    "Sometimes you have to fall before you fly"

                    Comment

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