Lawyer wants $126 to add one creditor to schedule post 341, need advice!

[malibu]

Sounds like that might be my best bet, to send them a copy of the filing.

[AngelinaCat]

Send the copy of the 'Suggestion of Bankruptcy' to the appropriate department of DirectTV. Send it certified with return receipt. Keep copies of everything for your files, especially that signed and dated green card that comes back to you in the mail.

After Discharge, if DirectTV comes back at you, simply send them a copy of your Discharge Order, and a letter stating that their charge has been discharged, and that you expect to hear NOTHING further from them. Send that little missive certified, return receipt also.

Keep copies of EVERYTHING for your files. I cannot stress that enough.

The reason I say all this is, that your discharge order will have 'fine print' on the backside that has language talking about the debts you have discharged, *including debts you may have forgotten*. I do not remember the exact wording or our discharge order, but that phraseology was there.

Meanwhile, our land-line telephone provider, changed hands while we were in BK and the Automatic Stay in place. So, our telephone billing changed and we were never notified because of the Automatic Stay. Once we were discharged, suddenly we got threatening bills for $530+ dollars from ATT&T, our new telephone provider. We had no such money to pay this, nor did we intend to since the game had changed in the middle of the stream.

We sent a copy of our discharge order as previously described, to ATT & T. Kept the receipts. They sold the debt a couple of times, and each time we sent the copy of the discharge order. We are now done with all of them. You have to be persistent.

[AngelinaCatHub]

'Buck up me mate, you're a smart chap'.

For that little money, forget it. They will not go to Court after, before, or otherwise for that amount.

We got three letters (ignored) for some very old phone bill I don't even know was ours. Finally I simply without a letter, wrote on their demand letter, put in their prepaid envelope, and sent the bill with a note on it back stating "do not bother me again" with a copy of my discharge. That has been a couple years ago.

You are too scarred. You are paying good money to the best lawyer, right? He is paid to worry for you. So stop it. Ignore it all together. It is pre bk and forgotten and will be handled. Do a search or Google this fact. It is forgiven even if forgotten. 'Hub

[Protected]

Did you have a "no-asset" case?
Even if the Directv debt was not listed on your petition, the debt will be considered discharged if you had a "no-asset" case. If Directv continues to attempt to collect, you should write them and state that your debts were discharged. If Directv ignores your letter you have the following options:

1. Pay your attorney to amend your bankruptcy petition, listing Directv and see if they challenge the debt - keep in mind that the unlisted debt is discharged in a no-asset case, unless the creditor was deprived of a chance to oppose the debt's discharge.

2. Do Nothing and wait to see if they sue you. You already told them that you just went bankrupt, and most likely have little or no exempt property, so they may leave you alone. If they do sue you, it would be a good idea to amend your petition.

Sorry to hear about the price gouging by your attorney with the Ferrari. That is why I went with a knowledgeable more down to earth local attorney. So far everthing is going great with him, good communication and no - bait & switch.

Good Luck to you.

[iv65536]

If you're a no-asset case and they know about the bankruptcy and fail to object to discharge by the tie the 60 days are up, then the discharge will wipe the debt to them out. End of story. As long as they know, they can't do anything to you, and you don't need to pay an extra $100 in attorney fees to deal with this. Now, if the attorney knew about this and neglected to include it, then it is incumbent on them to list it - at the attorney's expense.

I had a $45 debt to a web hosting company that I had my attorney list; they got the notice and sent an invoice showing a bad-debt adjustment.

It will cost DirecTV more to litigate than their claim is worth.

[scorpion35]

So frustrating.

I will say that the bankruptcy firm I hired is well known, based out of Beverly Hills. The head lawyer who is the face of the company, with his corner office and pictures of his Ferrari's on the wall is very nice acting, even though I only see him for 5 minutes during the first meeting and then deal with his co workers after that. I know how it works, and I'm fine with that.

Problem number one came when over the phone he told me $1600 but failed to mention that this figure didn't include the $199 filing fee. I just wanted to get over with it so I went ahead and just paid the extra $199.

Anyway, yesterday I receive an automated call from DirecTV calling about a $245 debt from a 2 year old account. This was the first time they called, and it is not on my credit report. Because of this it was not reported on my Chapter 7 filing, and I'm post 341.

I'm sure you know where this is going.

Sure enough, in my contract with the firm, it states that ANY amendment to the schedules costs $126, or in my case, half of what I owe to this creditor.

My guess is that it takes a grand total of 5 minutes to add this creditor, so here is my question.

Is there anyway I can just do this myself? The thought of giving my Ferrari driving lawyer more money when I'm in such a hard spot is not very appealing. Would it be advisable / not advisable to do this last part myself? Will it have any impact on my Chapter 7 given that I have to add one more small creditor? Will the trustee look over my entire report again because of it?

I don't know whether I should just pay DirectTV in full, pay the $126 to my lawyer, or file it myself then send a friendly email to the lawyer saying to get lost and tell them I did it myself?

Any advice would be much appreciated.

Thank you.

my attorney only charged me $26 to add one creditor to the mailing matrix after filed

[malibu]

my attorney only charged me $26 to add one creditor to the mailing matrix after filed

From what I read, that is rare. And the $26 your attorney charged you is what the court charges your attorney to file something additional, so realistically she didn't charge u anything.

[carlsbadmike]

I was charged $125 for each one I added.

[malibu]

Thank you for the help from everyone.

I did as AngelinaCat suggested and sent it via CMRR, and am going to put all this behind me now.

Thanks again.

[malibu]

In better news, I went on PACER and saw the "Report of No Distribution" thankfully.

[scorpion35]

From what I read, that is rare. And the $26 your attorney charged you is what the court charges your attorney to file something additional, so realistically she didn't charge u anything.

he waived his usual $75