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Newbie with a ? re debt collectors after filing and 341, but before discharge

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    Newbie with a ? re debt collectors after filing and 341, but before discharge

    Our 2nd mortgage (originally through BOA) has been sold to a collection agency and they are now trying to collect.

    We also have a collection agency trying to collect on a medical debt that was recently placed with them.

    Both of the letters arrived today. Isn't this illegal? If we filed bankruptcy and the creditors were notified, can they sell our debt? Do we have to start the process over with these new creditors?

    We filed at the beginning of February and our 341 was 2/22. We have an attorney, but we're pretty disappointed in the help we've gotten from them through this process (as far as the $ we've paid them vs. the amount of hand-holding we've receive...e.g. none). I'm literally going down to their office tomorrow and will sit there until I get some help, but thought I would ask here.

    We also received a letter from the holder of our primary mortgage stating that they contacted our attorney asking for "verification of representation" but haven't received a response. Is this something I should be pissed at my attorney for not responding to? They're asking me to provide the attorney's information, do I give it to them (again)? I'm baffled at why they're wasting stamps/paper/time trying confirm whether we have an attorney or not. Plus I would think that info would be all over the notifications they've received from the bk courts right?

    #2
    The 2nd may have been sold or in the process of being sold when you filed, same with the medical debt. I was told that sometimes things pass each other in the mail by my lawyer. He told me to either add the collection agencies to the bankruptcy, for a fee of course (mine was $26.00) But you can always call the collection agency and give them your lawyers phone number and tell them that the debt was already included in the bk. Also you can give them your case number and that should chase them away. But make sure that the debt they have is the debt that was included in the BK.

    I did have some doubles like this also that happened so it isnt out of the ordinary. Atleast for me it wasnt.

    Myself I just added them into the bk and paid the $26.00 and was done with it. But also keep in mind that I think when you add other creditors to the bk, the 60 day period starts again so take care of it asap.

    But Im not a lawyer so maybe other can chime in here. It is just my opinion for the above post.

    Comment


      #3
      It happens. Notify any CA that contacts you of your bk filing, along with your case number. That should solve the problem fast. Many times when accounts get moved, transferred, or sold, your bk filing just gets missed. No big deal....
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

      Comment


        #4
        Originally posted by frogger View Post
        It happens. Notify any CA that contacts you of your bk filing, along with your case number. That should solve the problem fast. Many times when accounts get moved, transferred, or sold, your bk filing just gets missed. No big deal....
        Thanks -- that does put my mind at ease.

        What about the mortgage co requesting verification of representation from my atty after they've had that info forever? Do I reply to that?

        Comment


          #5
          Originally posted by brokeinal View Post
          Thanks -- that does put my mind at ease.

          What about the mortgage co requesting verification of representation from my atty after they've had that info forever? Do I reply to that?
          If they have your case number, you don't need to give them anything else. They can get all of the information they need from PACER, including your attorney of record.
          All information contained in this post is for informational and amusement purposes only.
          Bankruptcy is a process, not an event.......

          Comment

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