what if u 4get to List a Coll. Agency?

[2muchinDebt]

We're filing tomorrow (CH7) and our debts have been bounced around from collection agency to collection agency so not sure if we listed all of them. Can we go back in a few days and amend?

[catleg]

All that matters is the original creditor. The burden is not on you to keep track of where the debt has been resold.

[2muchinDebt]

But all the original creditors have charged off the debts and sold them to collection agencies..don't they own the debt now?

[catleg]

Not your problem. Your contract was with the original creditor. If they sold their interest and you know to whom it was sold, you can list the assignee just like this: XYZ Funding Assignee of US Bank Account 12345 or US Bank c/o Dewey Cheatem & Howe LLP, Box 123, Felony PA 12345.

Note: Until you're actually in BK, fewer debts get sold by major credit cards than you realize. Most are just put out to collections then pulled back after a while. Many debts get sold when you do file, for example, I have Chase card accounts that got sold to "B-Line" when they figured out I was a bankruptcy case. Many other accounts have been sold to an outfit called Portfolio Recovery. Only a few original creditors still hold their claims, these include Discover, Amex and BofA.

[SippiBK]

Thanks, 2much, for asking this question... I was going to post the identical question. And thanks, catleg, for the answer.

There is one collections agency that relentlessly calls me, even though the original creditor was listed in my matrix. They won't quit calling... I'm at a loss of how to handle them. I'm glad to know that I don't have to amend just to include one collections agency.

[catleg]

I would ask your lawyer to send them a letter on his letterhead, or you can send a certified letter yourself, stating your BK case number, court city, and date of filing and reminding them of the automatic stay, if that doesn't fix things the lawyer should go after them, they will end up paying his fee anyway.

This is part of what you're paying the lawyer for.

[keepmine]

Just do the best you can. As Catleg mentioned, the OC is the important one. In the interest of accuracy you should list anyone who could conceivably have a claim. But, as often as bad debt is swapped around sometimes you don't know who the most recent collector is.

For sure if a debt collector is harrassing you contact your attorney ASAP!

[ka2sie]

They will be notified as long as the original creditor was listed, if they keep calling just tell them you filed along with your case # and they will leave it alone.