New collection agency - Como Law Firm

[wonderingrov]

I just filed Chapter 7 last week. I got a letter today from a new collection agency - Como Law Firm. Just wondering if anyone has ever dealt with them? This one is for a medical bill that had been with another collection agency.

I'll be faxing the letter over to my attorney tomorrow (she's out today for the 4th holiday). It sort of ticks me off because now I'm going to have to pay extra to have my petition amended to include them (grrrrr). Apparently, they just bought the debt from another collection agency that I did have listed on my matrix. The date on the letter they sent is one day prior to the day that I filed.

[treehugger1]

Hmm, I doubt you have to update your natrix, as the debt was listed by you under the last known owner of the debt. You probbaly wan tot send aletter with your case file and a copy showing the debt is listed in your BK.

I'm really not sure abotu the protocol.

Why don't you post your issue in the Chapter 7 forum?

[catleg]

It's never your problem to keep track of who buys your bad debts from original creditors. At a minimum you can list an original creditor name, account number unknown, balance unknown in your petition and that's good enough.

[BKDefender]

Are you a no-asset case? i.e. when you filed, were you able to exempt all of your assets? If so, then it might not matter whether you listed them or not. In the 9th circuit (not sure about the 3rd circuit where NJ is), if a creditor is not listed but the case was a no-asset case where not being listed did not mean the creditor lost out on being paid something, then the debt is still legally discharged. The theory is, if you don't list a creditor, they can't file a proof of claim - without a proof of claim, if the trustee has money to distribute in an asset case, the creditor is not paid anything. But in a no-asset case they won't be paid anything whether they filed a proof of claim or not - so the 9th circuit considers those debts discharged as well.

Check with your attorney - you might not have to do anything except give the new creditor notice, provide them a copy of the BK notice & page of Schedule F that listed the prior creditor, and you may be done.

--William

[wonderingrov]

Thanks for the information everyone. I was actually able to scan in the image of the letter and get it e-mailed to my attorney - hopefully I'll know something more definite when she gets in the office tomorrow.

I'm a no-asset case, so hopefully the fact that I listed the original creditor and the collection agency information I had at the time will be good enough. The timing of this just kind of threw me for a loop.

[wonderingrov]

Ok, just to update everyone - my attorney was able to just give them the filing information and that took care of that. I was worried I was going to have to go through amending the petition and all of that. Thanks to all.