Post-Dischrage Collection Calls from HELOC mortgage company

[imran93]

My HELOC was properly included and discharged in Chapter 7. I marked the intention of surrendering the house in bankruptcy. The first mortgage holder started the foreclosure process that is in limbo now for months

Suddenly the bank holding HELOC starts calling me every day for loan collection on past due. I have explained to different reps that the loan has been discharged and my attorney also wrote them but they still keep calling.

One of the bank's rep told me that I may be getting calls because my house is not foreclosed or maybe because my bankruptcy case is still administratively open. But my attorney is saying no matter what they should not make any collection efforts as loan is discharged.

I was wondering if anyone has a similar experience or have any comments on this?

[justbroke]

Immediately contact your attorney! Your attorney will likely send them one letter to tell them to IMMEDIATELY stop all collection or face the wrath of the U.S. Bankruptcy Court and sanctions!

What you need to do? Log every call by writing them down on paper (or electronically). Be sure to ask for the caller's name and what department they work for. Record the date and time. Keep this log since you may need it later! Always refer them to your attorney and make sure you tell them that "this debt was included in a bankruptcy" and "I highly suggest that you stop calling!".

You do telegraph that you have spoken with your attorney, but is your attorney doing anything about it? It's easy for him/her to earn fees if this bank continues to collect!