Creditor filed Civil Action after filing...

[csonly]

I filed Ch 7 on 11/3/10. Awaiting 341 meeting in January. Looked on Pacer and saw that one of my creditors may not have gotten the notice because it wasn't addessed directly to them. I called the creditor(s). Actually, one is a hospital and the other is a credit union associated with that hospital, both with same name, same address, but different departments. Neither got the notice, which is what they told me when I called. My attorney said I could fax them the notice, which I did last Thursday. Today, via certified mail, one of them filed a civil action against me. Are they allowed to do this with a Ch 7 pending? I faxed my attorney the papers I got in the mail and he said he would take care of it. Something doesn't seem right to me. Now, I'm beginning to wonder if they have been truthful about not receiving the notice!!! Anything on this topic would be greatly appreciated.

[tobee43]

i somewhat confused as to why your atty is not taking care of this for you.

one of...if NOT the most part when you list your creditors on your petition is the correct address...by law the creditor MUST be notified. of course, if you had the wrong address, or they moved they did not get "proper" notice. however, since you are right in the middle of your bk process this can be corrected and notices resent by the court.

personally, your atty, i believe should have sent in the corrections to the court and the court issue the notifications...both with the creditors attys as well as the address corrections with the bk court.

i think you'll be fine...but be right on top of your atty...you are paying the firm!! so they should do their job!

good luck and keep us posted!!

[csonly]

I gave my attorney all the addresses and the specific departments and they are correct on the schedules, but when I looked at the notice on Pacer, which shows all the creditors names/addresses, that raised a question to me. So, for example and making up a name, this is the problem...... Two creditors one is a hospital bill the other is a loan from a FCU, so lets say ABC Hospital at 123 Main Street got the notice. The mail goes to a mail room at the hospital, if the piece of mail does not give the exact department, they don't know where it goes, so I'm not sure what happens to that mail, so in return, neither the billing dept at the hospital or the FCU got notice and not only that, the hospital bill is taken care of by an outside facility, so that was the address listed on the schedule, but that address is no where on the notice on Pacer. Bottom line, there should have been 2 notices sent to 2 different places and only 1 was sent and who really knows whose hands that had gotten into.

[tobee43]

I gave my attorney all the addresses and the specific departments and they are correct on the schedules, but when I looked at the notice on Pacer, which shows all the creditors names/addresses, that raised a question to me. So, for example and making up a name, this is the problem...... Two creditors one is a hospital bill the other is a loan from a FCU, so lets say ABC Hospital at 123 Main Street got the notice. The mail goes to a mail room at the hospital, if the piece of mail does not give the exact department, they don't know where it goes, so I'm not sure what happens to that mail, so in return, neither the billing dept at the hospital or the FCU got notice and not only that, the hospital bill is taken care of by an outside facility, so that was the address listed on the schedule, but that address is no where on the notice on Pacer. Bottom line, there should have been 2 notices sent to 2 different places and only 1 was sent and who really knows whose hands that had gotten into.

ahhhhhh...that's just like american express......they listed themselves on our credit report...NOT KIDDING 6 times.......so i made certain 6 notices were sent!!!!! it's just a game...and one your creditor used to slip in the suit...they lose!!!

it will still be just fine...but sorry you have to go through this...sum of these creditors just will not stop no matter what.

[csonly]

Does anyone know if I will be responsible for the filing fee for the civil claim, which according to the letter I got today was $138? I called the creditor to make sure they received my fax of the ch 7 notice and she said they did. She also said she tried to stop the civil action but they told her it was too late, so again, since we filed 11/3/10, the date on the certified letter today was 12/16/10, am I responsible to pay this even though I gave the correct address/department but it was not relayed correctly down the line.