Hmmmmm - How To Deal With This? BK Paralegal?

[danaf]

bkparalegal - I would really love your advice if you read this.

This law firm I owed money to is saying (via email to me) they never received notice of my filing which is BS. I told them that they were included in the bk and it was discharged therefore I no longer owe on this debt. I double checked my mailing matrix and they are definitely on there.

So then they respond and ask me if I would kindly send them the notice, insisting that they did not receive. Oh - and they are also trying to be tricky in asking me if I filed personal or business. I have a website that they know about which I included as an exempt asset in my petition. The website doesn't make any money and is not a business. But this is their way of trying to gage if they can try to get their money another way outside of the bk. They don't realize or know that the website isn't a business.

They are doing this all for a lousy $600. I'm really surprised they didn't write this off.

Do I ignore their request? Do I respond? for goodness sake - they are a law firm. How is it that they cannot find my bk just by my name? Maybe because they don't know what state I'm in now? Should I give them the bk number (without the state or circuit) and let them look it up themselves?

I don't want to be nasty. Well - I take that back. I wouldn't mind being nasty, I just don't think it's prudent or necessary. On the other hand - this is a law firm. I don't want to hand them anything on a silver-platter either.

What do I do?

[epiphany]

Well, I am not BKparalegal, so I can't offer anything competant, but If it were me, would give 'em the case number and tell 'em to look it up. Doesn't matter if they were notified or not anyway (though I am sure they were)...discharged is discharged.

Sounds like they are just trying a last ditch effort to collect....if they mistakenly think that your website is a business, that's their problem. I really wouldn't worry about it.

ep

[soleprop]

werd, i'm with ep; ch7 discharges all debts; if you have the filed creditor matrix that has them on it you're golden. you're solid gold though if you have the cert. of notice (can print from pacer) and they're listed as notice sent.

as for communicating with these people, just give them the bk case# and a copy of your notice of discharge, as well as a copy of the page that says they were notified from pacer (if they're on it). anything else is just fuel for their greedy fire, imho.

i'd like to see bkparalegal's opinion on this one too - hope he/she's still around somewhere.

[cool33097]

I think they think you are stupid so they are still trying to collect the debt, or their paralegal is so disorganized that she probably misplaced the paper. They are lawyers, k is public record, they could get that information themselves.
Just give them the court information and make sure you send certified so they can not bs you in the future.

[Flamingo]

Danaf - If they were discharged in your BK 7, they cannot come after you for a discharged debt. Give a copy of that email to the attorney who handled your Chapter 7 for proper handling.

[danaf]

Flamingo - I filed pro se.

I know the debt has been discharged. I'm married now and I think their paralegal didn't look close enough at the paperwork which had both my married & maiden name - she probably tossed it or misfiled it. And yeah - They think I am stupid but I'm not going to spend anymore money sending anything certified at this point (not to mention the inconvenience). They should be able to find this.

I'll wait a few more days to see if bkparalegal posts but at best I will email them the case number.

[Flamingo]

Flamingo - I filed pro se.

I know the debt has been discharged. I'm married now and I think their paralegal didn't look close enough at the paperwork which had both my married & maiden name - she probably tossed it or misfiled it. And yeah - They think I am stupid but I'm not going to spend anymore money sending anything certified at this point (not to mention the inconvenience). They should be able to find this.

I'll wait a few more days to see if bkparalegal posts but at best I will email them the case number.

No problem - wasn't sure as to your specific situation, but the reason I responded to you is this and maybe this will help - after our Chapter 13 discharge, our attorney sent us a letter that if any of the creditors discharged in our BK attempted to contact us or attempt to collect on the debt owed, that we were to contact him immediately. Discharged creditors cannot attempt to collect on discharged debt. In your situation, since they are on the Matrix and are discharged by the Court, you have no issue - since you filed pro se, as the others mentioned provide them with your case number and they can see for themselves or mail and/or fax/PDF (email) them a copy of your discharge and creditor matrix.