Advice for 6 year old discharge discrepancy

[moosecountry]

Hello, new to the forum here.

My wife and I filed through an attorney in 10/2005 for personal bankruptcy.

We received discharge paperwork in 6/2006.

We have recently 12/2010 started receiving collection calls for debts included in that bankruptcy, the collections claiming the discharge was retracted and ultimately the case terminated and closed.

Upon examination of PACER, the current "status" is as follows:

Disposition : Standard Discharge

Nature of debt: consumer
Pending status: Case Closed
Flags: CLOSED

The attorney who filed our bankruptcy is now retired and has moved out of state. I would like to avoid hiring another attorney if possible, but this is what I am seeking advice on!

Thanks in advance, Tim

[despritfreya]

Next time you get a call, get a name, phone number and address. Find out which creditor they are collecting for. Send the collector a copy of your Schedule F (assuming unsecured debt) and the Discharge. In your cover letter tell the collector that it is violating your bk rights and if you are contacted again you are going to sue. Send this letter via “Certified Mail, Return Receipt Requested”. If the collector has a fax number, send it to the fax as well. Keep copies of everything.

If you do not have a copy of your documents (which you should have and keep to the day you die), pay for them off of PACER.

Des.

[moosecountry]

Thanks for your reply.

My concern lies with the allegation that the discharge was retracted and the bankruptcy ultimately closed.

We have all the paperwork, and upon review of current PACER status revealed a "TERMINATED" date of 1/29/2007 and the section next to "DISCHARGE" is blank.

Thanks, Tim

[SunshineGal]

You should be able to clear it up by checking the history or docket report on Pacer. Also, be sure to check your credit reports (all 3) and make sure it's being reported as it should be.

[moosecountry]

1/29/2007:

It appears from the records of the court that the estate of the above−named debtor(s) has been fully administered.
IT IS ORDERED THAT:
The Trustee is discharged as trustee of the estate of the above−named debtor(s) and the bond is cancelled.
The chapter 7 case of the above−named debtor(s) is closed.

Is this standard verbiage for a case closing or termination...or discharge?

Thanks, Tim

[scorpion35]

U were discharged and the collector is trying to scare u.

[ValleYum]

U were discharged and the collector is trying to scare u.

Ugh. That is just plain WRONG.

[DebtEnder]

Yup standard Collection tactics. They are LYING. Feel free to record them next time assuming they run the whole they are recording the call, make sure you get that bit as your in a 2 party state, ie both most consent to the call being recorded. with this scenario don't tell them you recorded it till after they say something dumb like you still owe them because your BK is revoked, hearing excuses as they try to remove their leg from the mouth is fun sometimes. If they don't do the we are recording bit just tell them you are recording the call, when they hangup, which they will, just wait for the letters. Courts LOVE paperwork. Make getting sanctions and fines from them very easy.

[justbroke]

One word... POUNCE! Do exactly as Des described above, which is what I'd have you do. Keep details notes and call logs! If they contact you after the "green card" comes back... POUNCE and be merciless! There are some bankruptcy attorneys that will take discharge violation cases on contingency since they are easy money.

We have all the paperwork, and upon review of current PACER status revealed a "TERMINATED" date of 1/29/2007 and the section next to "DISCHARGE" is blank.

Once you search for your case, you should come up with the screen with all the links. There should be information about your case at the top. If you're saying that it reads "Debtor Discharged: Date Terminated: 1/29/2007 " (with no date), there could be an issue. There should be a discharge order on the Docket somewhere and hopefully it's one of the last entries... as in, there isn't a revocation of discharge after that.

Were you an asset case? If you were an asset case, did you comply with the orders of the Trustee to surrender property? If you received your discharge in 6/2006 and the case wasn't terminated until 1/29/2007, there is something interesting going on if it is a no asset case.

[tyson24]

Those are some low-down and dirty tactics. I wonder if your Attorney General would be interested in those practices...With all the people filing BK these days, there are bound to be more of these companies that will try and operate within a very fine line of the law.

[tcreegan]

Hi all, Hi moosecountry,

collection calls for debts included in that bankruptcy, the collections claiming the discharge was retracted and ultimately the case terminated and closed ....and check your windows for the pigs flying by and watch all the demons surfacing to buy ice skates...

As other have said, this is collection agency hot air.....you can ignore it OR you can collect it. Document everything, when, where, who, how long, day, time, what was said, and how much time you spend dealing with it. Then go to BK court and ask for damages, at least 4 figures. You attorny gets their fees awarded if you win.

Companies use these illegal methods because they work, send out a letter threatening the debtor in a effort to scare them into paying.
They know that most folks are either sharp enough on their own and their attornney will just put the letter in a trach can.
They also know a small percentage will be scared by the letter threated written in legally sounding text. If they are really good, there will be a deadline "you must respond by day X or blah,blah,blah will happen.

So they send out a ton of letters, if the can bambozzle 3 people out of 100 the whole operation runs with a good profrit. Costs next to nothing, very profitable business.

What they don't expect is to be called into BK court on a violation of the auto stay or discharge injunction. You and your attorney are pepared, have the records handy; collection company is ...ah, well,,,,let me find that....our document says this...and other lies and excuses. We never called at her place of employmnet... You: Your Honor, I have phone calls logged and a statement listing all my phone calls. You will see there calls at this day, that day, the othe day, etc. Judge impressed by your preparedness, tells collection agency to pay you $X,XXX and pay your lawyer.

The importance of people going to court over stay/injunction violations is that it will drive the cost of this post-BK collecting up until to gets too steep, they either get out of the collection business or stay in with a totatly difference plan.

Well, that is for me tonight, a little tired, hope some of it makes sense....

Tom in Colo

[frogger]

Yup standard Collection tactics.

Nope, that's not "standard" tactics. Those are tactics used by a bottom-feeding collection agency that needs to have their doors locked and chained.

This "tactic" is not an accident. Your response should not be either.

Document, document, document, record, keep good records. You should be able to get them by the short and curlys with this one.

Good luck!

[SunshineGal]

What concerns me is the OP has had collection calls from more than one account. If the BK was discharged there may be an error on one of the credit reports and if so, it needs to be corrected asap.

[tcreegan]

there may be an error on one of the credit reports and if so, it needs to be corrected asap. ....eh, when you get around to cleaning up your reports. No real hurry unless you need your score for something. ...but what help would be new reporting on a discharged debt...another violation of the discharge injunction!

Tom in Colo