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Listing creditors, a question.

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    Listing creditors, a question.

    Ok, I'm in the process of filling out all the paperwork for the lawyer in our CH7.
    And I''m running across an issue I am unsure of.
    And since it is Friday night, and my lawyer won't be in again until Monday, thought I would ask here so I can keep working through this stuff over the weekend.

    I'm working on listing all my creditors, and in turn all the collections companies associated with each account.

    What do I do about the in-house collections?
    At least that is what I assume they are.
    Basically, letters that were sent to us shortly after stopping payment on bills.
    They have different names on the letterhead than the original creditors, but other than a phone number, no other usefull info. No address, or account numbers, or anything like that.
    One example is an account with BOA.
    While we were still getting actual bills sent to us, we were also being sent letter from FIA Card Services.
    Out of curiousity, I even tried calling a couple of the numbers. Both were disconnected. (these bills are all past 3 years from the last time we paid on them, and have all since gone through several outside collections agencies)

    Should I bother to write them on the paperwork, since I cannot provide any kind of contact information?
    7/01/10 - filed!
    11/20/10 - discharged and closed

    #2
    You could get a free copy of your credit report to see what's on there.

    When I filled out my paperwork, I created a spreadsheet in Excel. I listed the original creditor's name, their address, then in another column I listed the collection company name and address. My attorney selected the original creditor's address in most cases.

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      #3
      Oh, I have a very similar spreadsheet.
      The problem is, the attorny doesn't want that.
      He has a thick packet of papers that need to be filled out.
      One section is for creditors where I have to write in each creditior, (name, address, account number, amount) then any bill collectors involved with that account. Which also have to have name, address, and account number.
      And then we are to attach copies of the bills, and such.

      As I said, on these letters, there is no address, or account number, or any type of contact information other than dead phone numbers.
      7/01/10 - filed!
      11/20/10 - discharged and closed

      Comment


        #4
        Follow your lawyers instructions and list anyone who could conceivably have a claim.
        Make copies of the correspondence and attach those to the worksheet with an explanation and let your lawyer and his para figure it out.

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          #5
          I have a similar question. I just signed my ch7 papers a couple days ago (YEA!!), but not yet filed, and then just starting getting calls and letters from collection agencies which seem to indicate that BoA and Chase accounts were sold to them. Just a coincidence in timing, but what happens if your creditor shifts in this way during a transitional moment such as days before filing, etc.?

          These new creditors are not on my list in the ch7 papers, but the original debts are.

          what happens with that?

          MMP

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            #6
            Listing the OC is all that's required.
            All you're trying to do is be as accurate as possible by listing debt collectors. You can't be responsible for actions taken by creditors in transfering accounts after you file.
            Just bring this to the attention of your lawyer. Since you've not filed it's no biggie to add a few names to the matrix.

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              #7
              what if it gets transferred after you file? I signed my papers but not sure when it will be filed. There are a few days between when its filed and it gets in the system. around here, its like 2 days.

              I guess my question is if something can fall through the cracks due to an unfortunate coincidence in timing. I dont really know who owns my debts anymore.

              MMP

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                #8
                If the account is transferred and you don't know about it, service is proper on the last creditor who you knew about. The debt is still discharged.

                The only reason to list CA's and debt buyers is to speed things up a little-- to make sure they know pretty quickly that you're doing BK. The only thing that happens if you don't list them is that it might take them a few weeks longer to "get the memo" that you've filed.

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