At&t being butt heads? Chp # 7

[Exployer1234]

I have At&T and did include them in my BK. I have not received anything for a new contract, nor have they changed my account number. I still have a year left on the contract. I am waiting to see if they do this to me, because my discharge will be very shortly. Actually my 60 day is in 2 days.

I personally will challenge a new contract, because from what my lawyer has stated is that as long as I continue to pay on time then they should have no need to sign a new contract or cut off service. If they do decide to issue a new contract and try to lock me into another 2 years I will walk away. I use the phone for school, but there are a lot of other providers out there that will give me a better rate.

[toilettrash]

hey Explorer: I just spoke with AT&T Bankruptcy Department she explains how it works. She basically said when your in bankruptcy they set up like a "Bogus" account which is your charges occured before filing bankruptcy, then the new account is for new charges. During bankruptcy you can not make payment arrangements etc. Once its discharged your back to being a regular customer (Payment arrangements etc) If you have a contract with AT&T Prior to filing that could be discharged if you want it to - but if not you can keep it.

I can give you my contact person; she was very nice

[toilettrash]

I totally disagree, how many people on this board continue to live in their house and pay their mortgage but did not re-affirm and have the right to walk away. It's no different. The liability from the old contract was discharged, unless you agree to the new contract. The action of sending them a payment to maintain monthly service doesn't re-activate the old liability.

Fine print doesn't mean anything if it is contridicted by Federal or State law. The fine print also says to disregard any portion of the contract that is invalid under the law.

Good Job i do agree. I dont think we should be responsible once its discharged. I am going to post something else about my next idea... Its going to cover me big time.

AT&T In away is being really nice by making me pay a security deposit it would probably be very high knowing them. I hope things will work out for the best. Right now Life SUCKS

[Exployer1234]

You can PM me with the contact person. Thanks so much. I am wondering now why this has not happened with my account. Who knows maybe they did not catch that i had filed, who knows at this point.

[Bell30656]

AT&T most likely has teams of lawyers. With the number of people that use the service I'm certain they've been sued time and time again. Their way they handle contracts through bankruptcy has probably been fashioned exactly in accord with court decisions.

My experience with AT&T follows exactly what Toilettrash and for that matter the OP posted. I received the letter stating that I couldn't make payment arrangements and that if I continued service I would still have the obligation of the remaining year or so on my original contract. Since the iPhone won't work (easily or well) on any other provider I continued my service plan with AT&T.

Now, my contract is expired and I'm month to month but they never asked for a deposit which is why I kept them. However, they keep offering me the iPhone 4 if I'll renew. My friend had Sprint/Nextel when she filed. They sent her a letter that she had to pay a $500 deposit and start a new contract to continue service. (To be fair she did include $150 of debt to Sprint in the CH7.)

[BCA2009]

I guess we are all splitting hiars here, but maybe saying very close to the same thing. My point was that without agreeing to a new contract, you can't automatically be rolled into another one just by making phone calls. If you agree to the terms of the new contract/agreement that is fine.

I can't think of any other situation where signing a check is considered agreeing to a contract. Big companines violate the law all the time, it's why we have class action lawsuits. Just becuase it's their "policy" doesn't make it OK.

But if you have an iphone and want to keep using it, they have you over a barrel.

These same companies used to demand the full amount of the ETF until the contract was completely over. They got sued and now they decrease the amount of the ETF over the life of the contract.

I'm with Verizon , I like the service and don't want to get a position to be required pay a deposit, so I don't care if they consider me "subject to a ETF", but if I wanted to leave them, I would send the a copy of the discharge and move on. A collection company is not going to buy that debt and try to collect that ETF from you after you send them a copy of the discharge.

I have a good friend that owns (minority partner) a collection company they buy all kinds of debt. He says they have budgeted 20K per month to pay for violations of the collection laws. It's just a part of the business, BUT as soon as they get a case number or copy of discharge papers, they drop the file like a hot potato. They are not going to put another dime into a file that has a documented BK anywhere near it.

If you like ATT keep the phone and the service and don't worry about the ETF. If you want to move on, send them a copy of the discharge and see what happens. How much effert are they going to spend over $200 ETF.

If they report to a credit agency, dispute it.