Received collection letter AFTER I filed ch. 7...

[Pennywise]

Here is the situation: I filed Ch. 7 on 10/26/06, husband did not. We had received collection letters from Asset. The last one stated that they needed to hear from us by Nov. 29 or they would send it to a collection attorney. The letter from them was just in my husband's name then. The original account was in both names and I did include it in my BK. I have since had my 341 meeting and everything went smoothly and still is. Today we received a letter from a collection attorney's office giving us the 30 days blah blah blah.

The letter from them INCLUDED my name. Isn't this illegal since i have filed BK. I plan to DV them ASAP. But wanted some suggestions on how to proceed especially with the BK. I know they can try and collect from husband but they should not have put my name on the letter. Should I just send them a letter showing when BK was filed and see what happens? Or try to negotiate with them to bring amount way way down if I don't file suit?

Any comments are greatly appreciated!!!! I really want to clear this last account up. Thanks

[HHM]

Did you include the collection agency on your list of creditors...?

Regarding the legality of it, I think this is a gray area that probably favors the creditor...only you filed BK, but its a joint account, so your husband is still liable on the account. Simply including your name on the letter (because your name appears on the account) on an account that they can legally collect, is probably not a violation of either the BK code or the FDCPA.

As for what to do...send them a copy of the Notice to Creditors with a letter stating you filed BK, (include the case number) and the name and phone number of your attorney, if you have one.

Why didn't your husband file with you?

[Pennywise]

I filed pro se. All the bad credit was in my name alone except for this one account that was joint. So I filed alone. I did include it in the BK.

[SinkingFast]

Since the acct is a joint acct, you filing BK really has no bearing on Hubby's responsibility to the Creditor. Even tho you are no longer accountable to this Creditor, Hubby is now responsible for the full amount of the debt.

[Pennywise]

Should we go ahead and DV them and include a copy of the Notice to the creditors? I was just curious due to the fact that they included my name. The last letter from the CA was only in husband's name. Now that they sent it to a collection attorney it now includes my name. No legal activity has occured as of yet and I am hoping it won't. We don't have the money to settle for a lump sum. At the very least I was hoping for a reduction and payment plan.

[CATCHMEIFYOUCAN]

Should we go ahead and DV them and include a copy of the Notice to the creditors? I was just curious due to the fact that they included my name. The last letter from the CA was only in husband's name. Now that they sent it to a collection attorney it now includes my name. No legal activity has occured as of yet and I am hoping it won't. We don't have the money to settle for a lump sum. At the very least I was hoping for a reduction and payment plan.

I would still sumit a copy of the Bk to them, who knows, you might slip under the radar? It doesn't hurt to try!

Good Luck, Catchmeifyoucan