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Should I include this in the Ch7 Matrix?

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    Should I include this in the Ch7 Matrix?

    My BK Chpater 7 will be filed next Tuesday.
    Today I have received two letters. One from AMEX and another from a collection agency for the AMEX.

    AMEX said that my account has been transferred to the above collection agency.

    Should I include this collection agency in the Creditor Matrix before filing?

    Any advice would be highly appreciated.
    Filed Chapter 7 on Nov 23, 2009
    341 Meeting on Dec 30, 2009
    Discharged on March 11, 2010
    Closed on April 12, 2010

    #2
    Th OC being notified is sufficient in most cases. My attorney included all CA's and JDB's to make sure we did not miss anyone, but if you are certain this company is handling the AMEX debt, you're fine.
    11-20-09-- Filed Chapter 7
    12-23-09-- 341 Meeting-Early Christmas Gift?
    3-9-10--Discharged

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      #3
      My attorney also added the collection agencies. I say list everything, you have nothing to lose if you do anyways.
      Filed Chapter 7 September 25, 2009
      341 November 2, 2009
      Final Day for Objections 1-1-10 (Happy New Year!)
      Discharged 1-4-10

      Comment


        #4
        mami is correct. No problem in listing them all, and you don't get any surprises that way and end up having to amend.

        One possible issue with this:

        We listed EVERY collector. Some of the debts were represented 4-7 times. This resulted in us appearing, on the schedules, to have debts over 600k unsecured. It is really far less than that number and we may get some extra questions at the 341. But, we will simply answer that the debts are on there multiple times to be sure we got em all.

        Good luck.,

        -dmc
        11-20-09-- Filed Chapter 7
        12-23-09-- 341 Meeting-Early Christmas Gift?
        3-9-10--Discharged

        Comment


          #5
          The problem with listing the same debt multiple times is it could put you over the majic $100k unsecured debt and may get the UST's attention. I believe that is the only reason my case was selected for audit. As long as the original debt is listed, I believe that is sufficient. JMO.
          Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009

          Comment


            #6
            You can list both, but you do not have to list the dollar amount for both. My attorney put the OC in the petition with the amount of claim and then in the following box (in the matrix) he listed the CA and which OC the CA was representing with a blank field in the amount of claim section. So both entities were listed with only one amount showing.

            It was a good thing too. The CA started to collect again about 9 months after filing. As a result, I was able to get them not only to stop collecting, but to remove themselves permanetly from my CR.
            Filed CH 7 9/30/2008
            Discharged Jan 5, 2009! Closed Jan 18, 2009

            I am not an attorney. None of my advice is legal advice in any way..

            Comment

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