Help with an ANGRY collection man, after I filed CH 7!

[tobee43]

Ok, I emailed him and said:

Please send me a copy of the objection your lawyer files with the court once completed. Your attempt at collecting a debt after my filing, has both you and your company in violation of the stay, section 362(a) of the Bankruptcy Code. These multiple violations of the stay may be actionable pursuant to 362(h) or as contempt of court and punishable accordingly.

Trust me, I am saving all these emails back and forth, he dont know who he's messing with!

(okok, i only say that cause you all got my back hahahaha)

very excellent!!!! keep those site handy...it's always fun just in case you get a call to have a "script" ready!!!

[Bell30656]

I believe that the VP is contacting you about the AP. At present he is representing himself and you are representing yourself so his contacting you would be necessary. Some places have language in their contract on really short term loans that say you state you are not intending to file bankruptcy. His argument will be you took out the loan intending to not to pay his debt back. I'd say he stands a pretty good chance on this because you took it out only two weeks before. You will be hard pressed to convince anyone that you were not contemplating bankruptcy prior two weeks prior to filing.

However, on the positive side the loan is a small amount. It will cost the loan company more to file and peruse the AP than the loan amount. I'd say at worst the trustee makes you reaffirm this loan but not really likely. This guy is just upset that his little small town loan company is going to take a loss of $300 and it will screw up his stats.

I had three small town loan companies in my chapter seven. All taken in out longer than five or six months prior to the filing date. One sued me in small claims, had me served at my work which is in a different county than I live and where the debt was located... He was also a jerk. The other two were both paid in full by me after my discharge. The other got told where he could kiss.

The two I paid off helped me on my road to credit score recovery by continuing to extend small loans to me after discharge to present date. They do report to Equifax. My score is at a 636 (credit karma) up from a 480 on the date of filing.

[tobee43]

I believe that the VP is contacting you about the AP. At present he is representing himself and you are representing yourself so his contacting you would be necessary. Some places have language in their contract on really short term loans that say you state you are not intending to file bankruptcy. His argument will be you took out the loan intending to not to pay his debt back. I'd say he stands a pretty good chance on this because you took it out only two weeks before. You will be hard pressed to convince anyone that you were not contemplating bankruptcy prior two weeks prior to filing.

However, on the positive side the loan is a small amount. It will cost the loan company more to file and peruse the AP than the loan amount. I'd say at worst the trustee makes you reaffirm this loan but not really likely. This guy is just upset that his little small town loan company is going to take a loss of $300 and it will screw up his stats.

I had three small town loan companies in my chapter seven. All taken in out longer than five or six months prior to the filing date. One sued me in small claims, had me served at my work which is in a different county than I live and where the debt was located... He was also a jerk. The other two were both paid in full by me after my discharge. The other got told where he could kiss.

The two I paid off helped me on my road to credit score recovery by continuing to extend small loans to me after discharge to present date. They do report to Equifax. My score is at a 636 (credit karma) up from a 480 on the date of filing.

the ap had to have been notification via the trustee of the bk court...certainly NOT this manner of telephone contact. also i think you are a chapter 13???? however, in the 7 the worse is the judgment may previously having been issued prior to any notice from the bk of the OP's filing would have to file a motion to vacate the judgment...however, this is not a ap...

[Bell30656]

One JDB considered filing an AP against me in my CHAPTER 7. They contacted my attorney a couple days after the notification. My attorney simply told me that they could object at the 341 but they didn't show up and never filed. The OP doesn't have a judgment but rather a company to which he/she took out a loan two weeks prior to filing a bankruptcy threatening to object to this debt being including into the chapter. Put yourself in the loan company's position. Wouldn't you be a bit upset?

[CRBK]

Good letter. A debt collector has to object thru the trustee and court, and cannot speak directly to you once served with notice of your filing. Banks won't even talk to you until your case is discharged and closed.