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Should I respond to this letter from MBNA's atty?

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    #1

    Should I respond to this letter from MBNA's atty?

    We balance transferred in Nov 14 2008 for 6300 and 16K to two MBNA (actually is now B of A) accounts we had to try to get things under control (they had low balance transfer promos) and then in May 19 2008 ended up filing Ch 7. We paid on the accounts till March, possibly April now that I think about it. Even tried to do debt consolidation with a company that just did not work out - that was in April, so clearly we did not intend to NOT repay the debt when it was incurred.

    I got a letter today from an atty for MBNA regarding the 6300 account saying they are requesting information to help them decide whether to file an adversary proceeding against us and want to know why we decided to file Ch 7, what changed for us financially, if we planned back then to file BK, etc.
    Then in the end it offers a settlement of 5K.

    Is this something I should respond to, or is this just an attempt to get me to payback/get around the stay/scare tactic?

    We are pro se. When we consulted with attys they all said the dates of our charges were fine, but who knows now.
    Teacher Momma
    Tags: None
    #2
    I assume you meant you filed may 2009 . even though your transferes are beyond the 70/90 rule, they are quite large. I would have waited to file to put more time between the transfers and filing. There are many on this forum, including myself, waiting for that exact reason .
    Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

    Comment

      #3
      I did mean May 2009. Thanks.

      As far as the timeline: When you consult several attys and they all say that it is not a big deal since it would be 6 months out by the time it was filed (my consults were in late April - that was what we went with. Not much I can do about that now.

      My question is should I respond or are they messing with me? And for some reason I feel like this is a way to get around the stay?
      Teacher Momma

      Comment

        #4
        No. i wouldent worry about the stay. i would just ignor the letter . They are trying to get you to bite. By asking you those questions, they are trying to develop a case to file an objection which is difficult to prove. put it into the shredder.
        Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

        Comment

          #5
          Hi. Since you already filed, don't answer their request(s), it's as albacore said, "they are trying to get you to bite" and/or reaffirm the debt (btw, why are they contacting you during an Automatic Stay?!? Send their 'requests' to your attorney). Remember, you are within the guidelines of the 70/90 rule and THEY must prove that the transfers were fraudulent and you KNEW at the time that you wouldn't be able to pay them back (much harder to prove).
          May 2008 Hired 1st Attorney/Stopped paying CCs
          May 21, 2009 Retained 2nd Attorney
          May 28th - Filed for Ch 7 (FINALLY!)
          9/11/09 - DISCHARGED!!!!

          Comment

            #6
            I assume you meant May 2009 for when you filed for Chapter 7. So, I also assume that the case is not discharged.

            I might be inclined to file a Motion for Entry of Order to Show Cause. If they actually asked you to pay money? I'm not sure they can tap dance around asking you for money by threatening an Adversary Proceeding. I'm really wondering if it's a Stay Violation, but of course, I'm not looking at the text and tone of the letter... and may be reading too much into it.

            Have you had a 341 Meeting yet? (Probably not...) If they want to ask you questions under oath, they should show up at the 341 Meeting.

            I'm really wondering if they are trying to take advantage of the fact you are pro se. I really think that letter is an attempt to collect a debt. I don't think that they can negotiate a settlement outside the AP process.

            But, I'm no lawyer... and I really don't like the smell of this.

            I would not respond, but I'd really really consider filing a Motion for Entry of Order to Show Cause for a stay violation.

            DO NOT SHRED THE LETTER!! MAKE COPIES.
            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

              #7
              Opps...didn't notice that you were Pro Se
              May 2008 Hired 1st Attorney/Stopped paying CCs
              May 21, 2009 Retained 2nd Attorney
              May 28th - Filed for Ch 7 (FINALLY!)
              9/11/09 - DISCHARGED!!!!

              Comment

                #8
                DON'T SHRED THAT LETTER!

                341 coming up soon? Filed pro se? Suggest you take the original of such letter to your 341 hearing. Sometimes Trustee(s) are quite intrigued when a Credit Card Co. doesn't follow the Bankruptcy Code.

                O I See, Justbroke has spoken.

                Good night.

                Luci

                BOA - Scumbags!

                Comment

                  #9
                  Originally posted by LuciluS View Post
                  341 coming up soon? Filed pro se? Suggest you take the original of such letter to your 341 hearing. Sometimes Trustee(s) are quite intrigued when a Credit Card Co. doesn't follow the Bankruptcy Code.
                  The only thing I would do differently, is take copies and not the original. Never give the original to anyone, unless and until you enter it as evidence in an evidentiary hearing or adversary proceeding... should that be necessary.

                  As LucliluS suggest above, take THREE copies to your 341 Meeting. When you get to the desk and when they ask if you have any questions, hand one copy to the Trustee. Then, if the creditor's attorney is there... slide a copy to them. Then ask the Trustee if the creditor should be asking you for money. God, I'd love to be there!

                  I thought you were going to sleep LuciluS?
                  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

                    #10
                    Originally posted by justbroke View Post
                    Have you had a 341 Meeting yet? (Probably not...) If they want to ask you questions under oath, they should show up at the 341 Meeting.
                    Don't answer it. They have an avenue to get this information and that's your 341 meeting. They can show up and ask if they really want to know.
                    Filed Chap 7 on 3/6/2009
                    341 on 4/15/2009
                    Discharged 6/16/2009

                    Comment

                      #11
                      Originally posted by justbroke View Post
                      As LucliluS suggest above, take THREE copies to your 341 Meeting. When you get to the desk and when they ask if you have any questions, hand one copy to the Trustee. Then, if the creditor's attorney is there... slide a copy to them. Then ask the Trustee if the creditor should be asking you for money. God, I'd love to be there!

                      I thought you were going to sleep LuciluS?
                      As my husbands says, you used to play Pogo all the time. Now you spend your time on bkforum . I just laugh cause he is the one that found out about this place and signed up with his exact name. Uh Duh!

                      Luci

                      Comment

                        #12
                        I tried to attach the letter to this post, but it is too big to attach. let me see if this works:


                        I feel better already with the responses, thank you. Monday is the 341, if they are there I will s%t myself! LOL
                        Last edited by TeacherMomma; 06-17-2009, 09:37 PM.
                        Teacher Momma

                        Comment

                          #13
                          OMG I was a Pogo addict too!!

                          Comment

                            #14
                            Oh that is bad quality - the image. Well, maybe someone can make something of it.
                            Last edited by TeacherMomma; 06-17-2009, 09:38 PM.
                            Teacher Momma

                            Comment

                              #15
                              FYI, on page two, if you zoom in you can see through all of the blackouts

                              Blackouts on page 1 are good enough to make the CIA happy, page 2, not so much.

                              Comment

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