ugh....discharged but now have a creditor issue....

[huntersmommy]

We were discharged on May 5th but now are having issues with a creditor. It was a magazine place that we owe around $800 to. Anyway, my husband and I both have talked to them and mentioned that we had filed and been discharged from a Chapter 7 bankruptcy but they insisted that they are still owed the money. Well it turns out that they aren't on the list of creditors and when they called today they said that they needed to talk to my husband right away because the legal department is trying to get us for a breach of Chapter 7 something or other.

What do I do now? I have an address for them do I mail them a copy of the discharge papers or will that not do any good at this point? I am totally freaking out because I was hoping this was all done and over with by now and it just seems to keep going and going and going. Any help would be greatly appreciated. P.S. we were a no asset case.

[LSUTiger32]

Sounds to me like now that they know you filed they are trying to use a scum ball scare tactic that really isn't true. This goes back to the question that gets fought about on here all the time which is something like this included even if it was not on your matrix. Did you go through an attorney or pro se? Maybe your attorney can help if you used one.

[huntersmommy]

we used an attorney but they won't do anything now without getting more money since it's been discharged.

[AngelinaCatHub]

Yes I would send them the copy of your discharge. They cannot now do an AP, and I would include a short letter that they are breaking an injunctive law as you are now discharged from all bankruptcy.

Now not too long ago, it was a debate on one of these threads about can unlisted creditors not be discharged or are they. It is still a waffle and if you look back of your discharge, you will see a paragraph and list of what is not discharged. Item g states "Some" items improperly listed. Very vague. 'Hub

[LSUTiger32]

we used an attorney but they won't do anything now without getting more money since it's been discharged.

Well, then as 'Hub said I would try to fight it yourself and see what happens.

[willbfree]

Huntersmommy this is a variation of my question yesterday. Sounds like this company is bluffing and you need to call their bluff. Your Chapter 7 trumps their contract and any money you might owe them. They know that. It will cost us $100 in court costs to amend our Schedule F (we are also discharged and closed) to go back and include the creditor. You can do the same. Our attorney is not charging us for the service other than any court costs. You can do the work yourself and just pay the court costs.

Send the creditor a letter they must sign to accept. Include your contact information and your bk type (Chapter 7) and the bk case number. Tell them they are being legally notified of the bk and they are being added to the creditor matrix. Explain any further attempts to collect the debt will be a violation of the bankruptcy stay. If you need to go back and pay the attorney or amend your Schedule F yourself and just pay the court costs. Either way it's cheaper to amend than pay off the creditor.

[huntersmommy]

Ok so if I go back and have them added to my matrix do they still get 90 days to object? I think my dad may have added me to his will and now I am afraid that may screw things up.

[OhioFiler]

They'll give up soon enough if you send them a copy of your discharge.

[OhioFiler]

Ok so if I go back and have them added to my matrix do they still get 90 days to object? I think my dad may have added me to his will and now I am afraid that may screw things up.

Did your father recently die?

[Tbornetun]

What would be their objection? It sounds like a debt that would be discharged either way.

If Dad is still alive, there is nothing to worry about if you have only been added to his will.

[willbfree]

Nope they don't get 90 days to object the court just notifies them officially of the bk after they have been added to the matrix. It clears the way for filing any sanctions with the court for continued communication after they have been notified. This has nothing to do with being added to Dad's will. That won't make any difference either because you haven't been given anything by Dad or his estate for six months after you filed.

[huntersmommy]

my dad is still alive but is in his eighties that is why I was worried : ) My husband is supposed to call the magazine place back after he gets off work but I think I'll just mail them a copy of the discharge and then proceed with having them added to the matrix just in case. Thanks for all of your suggestions, they really made me feel a lot better.

[dingdong]

Couple questions:

What district did you file in?

Where you a "no asset" case?

In many districts, a no asset case is considered discharged of all pre petition debts ( that are dischargeable-so not including most taxes, student loans, etc) whether they are listed on the creditor matrix or not.

There may be some issues with a gross misrepresentation, like a very large debt that isn't listed and close to the eve of BK, but an 800.00 magazine debt would not be considered as such.

So... if you post your district, perhaps we can tell you if your district rules that all pre petition dischargable debt in a no asset case is considered discharged.

If so, a simple mailing of the discharge paper in your case and the ruling in your district regarding no asset cases should should close the doors or the magazine zombies for good!

[AngelinaCatHub]

Ok so if I go back and have them added to my matrix do they still get 90 days to object? I think my dad may have added me to his will and now I am afraid that may screw things up.

Not at all. This is speculation and he could live to his nineties. I would take advice from all above that you really have no problem. I wouldn't even add them to a Matrix as I have had this happen and to date one letter, with the discharge and no more probs. 'Hub

[huntersmommy]

Couple questions:

What district did you file in?

Where you a "no asset" case?

In many districts, a no asset case is considered discharged of all pre petition debts ( that are dischargeable-so not including most taxes, student loans, etc) whether they are listed on the creditor matrix or not.

There may be some issues with a gross misrepresentation, like a very large debt that isn't listed and close to the eve of BK, but an 800.00 magazine debt would not be considered as such.

So... if you post your district, perhaps we can tell you if your district rules that all pre petition dischargable debt in a no asset case is considered discharged.

If so, a simple mailing of the discharge paper in your case and the ruling in your district regarding no asset cases should should close the doors or the magazine zombies for good!

We filed in the western district of Pennsylvania.