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USAA trying to collect after plan confirmation

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    USAA trying to collect after plan confirmation

    My BK13 was confirmed a month ago.

    I filed individually but my husband's debts are included in the BK13 due to us living in a community property state.

    We both had separate CC balances with USAA. Immediately following my filing, my CC debt was treated properly, meaning the bank stopped sending bills, sent me a letter saying the account was closed due to BK, etc. However, collection efforts continue against my husband's CC account. They keep calling, sending letters, etc. We have explained to them on the phone that the debt is now in a BK estate, protected by codebtor stay, and here is the case number, blah blah blah.

    Yesterday we got another collection letter from them, which we forwarded to our attorney. This morning the attorney's email response to me was: "I have had problems with USAA with the co-debtor stay before, but I will try to stop them. The only way that they can be forced to comply is to file an adversarial complaint and that's a really big deal."

    Have any of you had a similar experience, and what was the outcome?

    Thanks.


    #2
    I haven't had this experience, but the co-debtor stay should have protected the non-filing spouse, unless USAA moved for relief from the co-debtor stay. Also, make sure you stay married as this phantom discharge of community property debt, only protects the community so long as it exists.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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