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Credit/Collection Agency Included in BK, additional charges just after filing

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    Credit/Collection Agency Included in BK, additional charges just after filing

    My Ch 7 BK (no asset case) was discharged in 7/10. I had included a creditor w/ over $15K in original debt, and some of it was turned over to collections, who I also listed on the creditors schedule. Just after I filed (less than 5 weeks later), I incurred an additional $150 charge (it is for detention costs to the local juvinile detention center where my youngest son practically lived part time there for a while....rough years!).

    I just received a notice from the collection agency, listing all of the original accounts, in addition to the $150 one, then another that I have no idea where it came from, for another $1050. All in all, I filed on at least 9 different accounts, both with the original creditor (juvinile court) and w/ the collector.

    I was going to just send the discharge notice to the collection agency and see how that goes over. Now, I will admit to you that I do owe the $150, but I have no idea where the $1050 came from.

    Would you recommend that I just send the discharge notice to the collection agency, saying these accounts were i ncluded in the BK? I have seen written that since I had a no asset case, that even if a CREDITOR was not included (or missed) on a creditors shcedule, that the debt will be un-collectable. Does anyone have any experience/advice on this?

    TIA

    (p.s. - man those were tough years. I wish I could say the youngest is out of the woods...)

    #2
    that's exactly what i would do.

    did you list the $150 for the juvenile detention center on your petition? if you did and it's an unsecured debt it should also have been included with the discharge.

    i would send them a copy of the discharge with a little note reminding them they are in violation of the bk laws of pursuing debts that were discharged (if they in fact were). that should do it, otherwise they are setting themselves up for a nice fine.
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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      #3
      Sounds like the $150 may be a post-petition debt and the OP doesn't know about the $1,050 debt. If the $1,050 debt was pre-petition, it was discharged. The creditor got notice, even if a specific debt to that creditor wasn't listed on the petition. Even in an asset case, it would be up to the creditor to file a claim for the amount it believes you owe.

      I'd send the discharge order to both the collection agency and the creditor. Who knows, maybe they will make an error and stop trying to collect the post-petition debt too.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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