We got our discharge and collector is calling

[gingerbug]

We filed a chapter 13 in 2007 and just converted this year and received our discharge today. We are getting calls from LDG Financial saying that since we filed in 2007 and we got the new bill since (it is an electric bill) that we have to pay it. The thing is, we added this bill when we converted since we had the opportunity to. They refuse to believe it, apparently. How should I handle this? Apparently, 'upper management' noted that this account is open for collection. They dont see reason. What do I do?

Also, the original bill is through an energy company. The accout went to ER solutions and now to LDG.

[optimistic1]

they could just be bluffing the whole time just trying to get you to pay it. Is the bill rather small?

i personally, would tell upper management to go suck an egg, I have my discharge papers you bit**!

But, that would be me on a bad day.

The more realistic me would simply tell them to sue me if they think they have the right to still collect a bill that was included within your schedules.

Could you clarify on what this means

"saying that since we filed in 2007 and we got the new bill since (it is an electric bill) that we have to pay it"

[gingerbug]

they could just be bluffing the whole time just trying to get you to pay it. Is the bill rather small?

i personally, would tell upper management to go suck an egg, I have my discharge papers you bit**!

But, that would be me on a bad day.

The more realistic me would simply tell them to sue me if they think they have the right to still collect a bill that was included within your schedules.

Could you clarify on what this means

"saying that since we filed in 2007 and we got the new bill since (it is an electric bill) that we have to pay it"

We filed our chapter 13 in 2007 then over the course of 2008 we were nailed with an almost $800 electric bill after switching companies (we had the levelized billing and they were undercharging us each month) and we could not pay it. We converted to a chapter 7 in 2009 and added the electric bill. The new collection agency is seeing the chapter 13 filing in 2007 and knows that this new bill is dated 2008 and is ignoring that we included it when we converted in 2009. The woman would not let me talk to explain what is what, just kept going on and on and on.

[catleg]

If it's a collection company just send them a cease and desist letter.
<your address here>

Dear Scumbag CA,

It is inconvenient for me to take phone calls at any time. All further communications should be in writing at the above address.

Regards,
Don't Owe You Squat.

[AngelinaCatHub]

You said you were discharged TODAY???

Well I have to side with them. NO DON'T GET UPSET, in that how would they know this today? Mail takes three or ten days, these days to get through.

I would not worry at all.

That being said, you are deservative of a Victory dance coming up next. 'Hub

[AngelinaCatHub]

Grats and all that stuff. Stop fretting, this is what is important. Watch your very own Dance of Victory:

http://video.google.com/videoplay?docid=-3894301868978665655

[optimistic1]

So on your new bankruptcy petition, on Schedule F you listed that bill?

If you did, then that debt is discharged as clearly defined in the code.

They dont have a clue what is allowed to be discharged and what is not, any debts incurred after filing your Chapter 13 case can be discharged through your new Chapter 7 case conversion. But you must list them on Schedule F.

Again, I think that they are just playing you like a fool, however you are educated, and you can tell them to shove it, its in the bankruptcy petition, they have no case, and they are violating the law.

[gingerbug]

You said you were discharged TODAY???

Well I have to side with them. NO DON'T GET UPSET, in that how would they know this today? Mail takes three or ten days, these days to get through.

I would not worry at all.

That being said, you are deservative of a Victory dance coming up next. 'Hub

LOL, thanks. I know they know about the BK cause I told them on the 16th of July. Apparently, upper management decided I was wrong.

So on your new bankruptcy petition, on Schedule F you listed that bill?

If you did, then that debt is discharged as clearly defined in the code.

They dont have a clue what is allowed to be discharged and what is not, any debts incurred after filing your Chapter 13 case can be discharged through your new Chapter 7 case conversion. But you must list them on Schedule F.

Again, I think that they are just playing you like a fool, however you are educated, and you can tell them to shove it, its in the bankruptcy petition, they have no case, and they are violating the law.

I listed them and the original debtor is listed on the list of recipients I downloaded from PACER today. I am going to send them a cease and desist and a copy of this stuff. I dont have a mailing address from them so that is going to be fun to try to get from them tomorrow.

[AngelinaCatHub]

LOL, thanks. I know they know about the BK cause I told them on the 16th of July. Apparently, upper management decided I was wrong.



I listed them and the original debtor is listed on the list of recipients I downloaded from PACER today. I am going to send them a cease and desist and a copy of this stuff. I dont have a mailing address from them so that is going to be fun to try to get from them tomorrow.

Go on PACER and print your Matrix. Send them the copy of the Matrix with them outlined in highlighter. Also send a copy of your discharge with a short note stating they are breaking the law, next call you will sue, you need the money. They will stop. 'Hub

[optimistic1]

Just ask them for their correspondence mailing address, and dont tell them anything more. the C&D will definitely ruin their day. Make sure you send it via certified, return receipt USPS, just in case they violate it and you feel like attempting to sue them.