How to deal with T-Mobile

[jennordhavn]

I had a cel contract with T-Mobile that was included in my BK. I filed 12/11 and today I received a bill showing a large credit but a balance due of like $50 something. This is the 2nd thing I've received from them after filing. The first was a letter asking me to pay so I could remain a customer, I just assumed it crossed in the mail with the BK notice.

So I call T-Mobile and the lady says the BK dept. left all kinds of notes on the account and credited me but there is still a balance due because when I filed the BK my contract wasn't up yet, blah blah blah. Basically she has no clue. I told her that it is against the BK stay for them to be billing me in the first place and that the contract was canceled when I filed BK and there should be no balance because the entire thing will be discharged.

What steps should I take now? Should I wait until I get discharged and then argue with them about this $50 something balance? Or should I send a letter now explaining that they are violating the automatic stay? I just don't want this to end up affecting my credit report after my BK because I'm trying to get my fresh start.

By the way, I filed pro se, which is why I'm asking you guys for advice. Any information would be appreciated. Thanks.

[Help!]

This is similar to a small war I have going with a utility company. I called to cancel service, they didn't, and now they're trying to bill me for several months of service after I filed. You would think that in your situation and mine, they would have said to themselves, "Oh! Bankruptcy! Close this account." but they don't, because they're aware that there's at least a chance they can stick us with a bill for the time period after filing.

They sent my account to a collection agency, and we go back and forth about once a month. I send them a certified letter, they send me one back, they call for a few days, and then go away again. I absolutely refuse to pay it and I know that there's no way they're going to hire a lawyer to try to collect $200. It's an underhanded way to try to extort a few dollars out of a BK. Jerks!

[2Bshinyandnew]

I had a cel contract with T-Mobile that was included in my BK. I filed 12/11 and today I received a bill showing a large credit but a balance due of like $50 something. This is the 2nd thing I've received from them after filing. The first was a letter asking me to pay so I could remain a customer, I just assumed it crossed in the mail with the BK notice.

So I call T-Mobile and the lady says the BK dept. left all kinds of notes on the account and credited me but there is still a balance due because when I filed the BK my contract wasn't up yet, blah blah blah. Basically she has no clue. I told her that it is against the BK stay for them to be billing me in the first place and that the contract was canceled when I filed BK and there should be no balance because the entire thing will be discharged.

What steps should I take now? Should I wait until I get discharged and then argue with them about this $50 something balance? Or should I send a letter now explaining that they are violating the automatic stay? I just don't want this to end up affecting my credit report after my BK because I'm trying to get my fresh start.

By the way, I filed pro se, which is why I'm asking you guys for advice. Any information would be appreciated. Thanks.

The first letter sounds like they were attempting a reaffirmation , since you are pro-se that was probably fine, the second letter, with an amount due is a no-no.

I would send T-Mobile a letter (certified, return receipt requested) attention Bankruptcy department and Legal Department, with a copy of their latest bill, the petition #, etc. and let them know that as per the Rules of the Federal Bankruptcy Code, your bankruptcy petition requests the Federal Bankruptcy Court discharge your debt, INCLUDING the unexpired contract you had with T-Mobile, as per Executory contracts and unexpired leases. Let them know that if they contact you further on this matter and they do not resolve their bookeeping error, you will be forced to sue them for violating the automatic stay, which may result in them having to pay sanctions, fines as well as possible punitive damages (not completely true, but you are not a lawyer and the word "may" is a powerful tool).

Read more about that portion of the code here:

http://www4.law.cornell.edu/uscode/11/365.html

Also, on Schedule G of your petition which addresses Executory Contracts and Unexpired Leases, did you include T-Mobile? If not, I wouldn't sweat it, let them point it out if you didn't, I'm not sure it makes all that much difference anyway since this section is intended for larger leases and contracts, like automobile leases and real property leases. It probably belonged there to CYA, but I would not sweat it. Technically, the Trustee must approve the continuation of any unexpired contracts, so if the trustee has rejected the contract, which will happen by default if it wasn't specifically accepted, you "technically" can't resume this particular contract with T-Mobile anyway. You can enter into a NEW contract post discharge, if you wish.

[jennordhavn]

Thanks for the advice. I think I will send a letter and see what happens.

I did not list T-Mobile on Schedule G (only my rental lease, which I assumed). I read during my preliminary research that it wasn't necessary to include a cel contract, but I can't remember now the rationale behind that. Maybe I should do an amended Schedule G just in case. I wonder if it's too late to do that?

[catleg]

I suspect with cellphones it may be best to cancel the contract and incur the Early Termination Fee and then list the amount owing in the bankruptcy.
Rather than deal with ongoing billing.