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Discharge 4/20/10; Timeshare not reaffirmed, now sending us to collections?

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    Discharge 4/20/10; Timeshare not reaffirmed, now sending us to collections?

    Some may remember our case but our Chapter 7 was discharged on April 20th, 2010. Things have been going great, paying cash for everything and saving. Then a month ago we got a notice from our old Timeshare Company that they were foreclosing on our property. No biggie since we did not reaffirm them in the bankruptcy nor did they dispute the filing. So last week we got notice that we are in collections. I sent to their collections department a copy of our discharge, with a letter stating that if this was not removed from all of the reporting credit bureaus AND a letter of confirmation sent confirming that they were compiling with the discharge of the Chapter 7, our attorney would be contacting them to seek damages. We sent this certified and they have received it but we have no word back from them (and yes, the court did send notice that they were not reaffirmed).

    So my question is what advice do you have if they contact us? Is it something we need the attorney for or can we handle it ourself? Thanks.
    Filed: 10/2/2009; 341: 11/10/2009;
    UST Files Motion to Dismiss: 11/24/2009 Our Attorney Files Response: 1/7/2010 UST withdraws objection; Discharge: 4/20/2010

    #2
    You will probably not hear from them again. Good thing you documented your response to them. Just keep monitoring your credit reports to make sure they don't report incorrectly. If and when they do, or if they harass you again, then you may want to seek a contingerncy based lawyer to file suit against them.
    Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
    AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

    Comment


      #3
      You have done everything correctly. In fact, hope that they do contact you, get the time and a name of possible. Tell them and do so if possible that you are recording all calls. Take them to the bank as they are low lifes and they know about your bk. They are attempting to scam you.

      BTW "Joe" good fortune in your 341.

      'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment


        #4
        Originally posted by AngelinaCatHub View Post
        BTW "Joe" good fortune in your 341.

        'Hub
        Thanks Hub.
        Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
        AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

        Comment

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