62 Days and holding..but with a few questions

[htoone]

We had our 341 June 1st. No assets, no creditors have objected to my knowledge...but here is the weird thing. My husband has started getting collection calls regarding an old hospital bill that was included in the CH. 7. When he told him to contact our attorney, they became incredibly angry. Apparently they "bought" the debt from another collection agency...or something. I honestly don't know. So, we called the hospital. Their accounting person told us that it should not have happened and she would straighten it out. No calls since. Just very weird. So my question is, can the debts discharged in CH7 be sold to other collection companies and then they can attempt to collect for years to come? To me that sounds like the CH7 was a waste of time. Next question, I have student loan debt to the tune of $23,000 dollars. As far as finances go now, we have been able to actually buy groceries for my family (real food, not ramen noodles)...paying our necessary bills on time every month. But I haven't started paying the student loans yet because of temporary forebearance. I have considered getting a second job to pay the student loans only, so I can get them paid off in 5 years instead of 50. Since I am not officially "discharged," will this be a bad idea? I would call my attorney, but it takes her some time to get back with me, and I would like answers from people in the know.

Sorry for the incredibly long post....having a manic day

[IamOld]

htoone - YES unfortunately there is a "market" for Bk debt (generally gets sold with non-BK debt that is bought in bulk.) BUT REGARDLESS!!!!!!! of who buys it, if/when/once it's discharged, that is IT!! It is uncollectible PERIOD.

SO - if you get such calls - do what you did - tell them that a) you filed for BK, discharged on such and such, original creditor/collection agency included, and you'd be happy to send them a copy of the discharge paper. If they call again, tell them that you'll see them in court. And hang up.

Or as frogger would say tell them to "go pound sand."

[frogger]

Or as frogger would say tell them to "go pound sand."

You're learning well my friend.

Anything can be bought, anything can be sold. Discharged debt however can not be collected on. If they continue, not only tell them to pound sand, tell them that your attorney will be in touch.

[IamOld]

You're learning well my friend.

Anything can be bought, anything can be sold. Discharged debt however can not be collected on. If they continue, not only tell them to pound sand, tell them that your attorney will be in touch.

I stand humbled, Sensei! :-)

[AngelinaCat]

When your Discharge Order comes, and it will, a Victory Dance will be waiting for you!

That said, seriously, you will get creditors attempting to collect on debts that have been discharged. You need to prepare for it, and NO, the Chapter 7 was not a waste of time; you just need to know that there are skunks out there--no offense to the poor little animals--but there are 'bottom-feeders' out there that buy up old debt and try to collect.

What you will do is prepare a standard Cease and Desist letter, telling the creditor(s) or their Collection Agencies (goons) that you have been Discharged in your Ch7 case pursuant to the terms of the law as set forth in your Discharge Order. Send a copy of that, along with your letter. Also courtesy copy your letter and the Discharge Order to your attorney, trustee, and judge in your case. Send the letter to the creditor by certified mail, with a return receipt, so that the person picking the mail up has to sign for it, and return it.

Keep this card, when it comes back, along with all of your post office receipts in your BK file. The copies to your attorney, trustee, and judge can go regular mail. You may have to do this several times, before the A)_++(% get the message, but they will eventually.

Good luck to you and keep us posted.