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Calls After Discharge?

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    Calls After Discharge?

    Curious....Does one ever receive calls at home and more importantly at work after your discharge from disgruntle creditors.... that are still looking to collect.

    If so.... what are you supposed to say to them or how do you handle?

    #2
    Ask them how quickly they would like to be sued for violation of the bankruptcy stay!

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      #3
      I had a few after filing but quite honestly as soon as I let them know (or more or less reminded them) I filed they just took my case number and said thanks. Just try letting them know. If they still persist ask their name, supervisors name and then asked to be transferred to the supervisor. I highly doubt it will go that far.

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        #4
        Originally posted by indigoblue View Post
        Ask them how quickly they would like to be sued for violation of the bankruptcy stay!
        It's a violation of the discharge order. I had a hospital and brinks home security not only call me but turned it over to a law firm. I just gave them my case number and discharge date never herd from them again.
        Chapter 7 07/30/2008
        341 09/17/2008
        Discharge 11/21/2008

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          #5
          After my discharge a credit card company called me. I reminded them that I had just been discharged in CH7. They told me that if I read the discharge form I would see that I could voluntarily pay any creditor that I wished. Then they went on to say a real man would honor the obligations that he committed to.

          However, when I told her that I would give the recording of the call to my attorney and see what his opinion was, she flaked out screaming that she had not given me permission to record anything. Never a call since. Since I was on a cell in traffic I wasn't really recording plus my lawyer isn't exactly a sue 'em type... He's more a have a paralegals type forms and show up at 341 type.

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            #6
            Nondischargeable debts such as student loans will contact you most likely if you have them to set up new payments etc.

            Dischargeable debts if they try to contact you tell them you are recording the call (even if you aren't). Then inform them of the date of discharge, court district, case number, and lawyer's name. Tell them that your willing to overlook this one time but you'll keep the recording in case of further violations and remind them that it is a 1000 dollar fine per attempt plus court and lawyer costs. Tell them to have a nice day and that the discussion is complete.

            On a notepad note the date and time the call was made. Who made it, what debt was attempted to be collected. If they never call back I'd not do anything more but if they send future letters/calls then I'd take it to the lawyer.
            May 31st, 2007: Petition Filed by my lawyer
            July 2nd, 2007: 341 Meeting Held
            September 4th, 2007: Discharged and Closed.

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              #7
              Get their name and address, tell them you need to send that to your attorney who handled your BK and they will receive a letter from the attorney along with a copy of your discharge. You probably will not hear from them again.
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

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