After filing, do I really want to stop the creditors?

[keptdigging]

Filed about a month ago. So obviously the automatic stay applies. My attorney told me to allow 5 days for things to run through the system, and then let her know if I received any collection activity (or on the phone just refer them to her.)

I've got one account that sent me a letter dated about 10 days after my filing.

But here's my thought: maybe it's better to let them keep going.

I checked my petition carefully to make sure they were included as a debtor and in the mailing matrix. They were. I've done my job. (They're also a big bank that should find out all by themselves.)

I also made some balance transfers 11 and 12 months before filing with them. So they are on my Adversary Proceeding risk list.

Wouldn't it be better to just be silent and let the 60 day clock run out? If through their own ineptness they haven't figured out about my filing, how is it in my interest to correct their errors? Pre-discharge that is.

I'm thinking I will just stay quiet on anything short of a creditor approaching a legal judgment.

Remember this isn't a "missing creditor"--they're listed and got their notice. Verified that the address is a legit PO Box for the bank even.

[tobee43]

kept...yes, sometimes it takes the creditors a bit to catch up with the bk notifications...

chances are once they do, they will no longer contact you...i know our atty was ready in a ny minute to file a motion against anyone that was in violation.

as long as you know they are listed you are good to go!!

[keptdigging]

I'll be happy to nicely clue them in... 61 days after the 341.

For better or worse, I handled the collection calls by simply ignoring them (and eventually unplugging the landline.) I've gotten good at it. I can clean up any strays after I have my discharge.

And since I viewed these guys as a possible AP, I kept them current until recently, so they're very early in their collection process.

[ccsjoe]

I've gotten a couple strays sending me collection notices well into post-filing, like 12 business days after. I sent them CMRRR letters as a warning. I also requested they correct all negative reporting they did post-filing in violation of the stay. We'll see if they do. In your case however, might be better to go under the radar.

[AngelinaCatHub]

It be best to let that "sleeping dog lie". You are fine. Let time pass, they will figure it out and there is no time for them to sue and then if they try you now are protected. I doubt that they would go AP, after all, you are bk. None the less, let your 60 go and the hamsters will dance for you. 'Hub

[keptdigging]

I just got another bill from them with the "You're overdue... we're here to help" language in the messages section. Printed a day after my 341 and almost a full month after filing. And a blocked number call on my cell that left no message.

Automatic stay automatic schmay... unless you're dealing with a secured creditor, by the time one files one knows just how impotent any collection short of a lawsuit and judgment is. Sleep my darling bank, just sleep. 54 days to go...

[tobee43]

I just got another bill from them with the "You're overdue... we're here to help" language in the messages section. Printed a day after my 341 and almost a full month after filing. And a blocked number call on my cell that left no message.

Automatic stay automatic schmay... unless you're dealing with a secured creditor, by the time one files one knows just how impotent any collection short of a lawsuit and judgment is. Sleep my darling bank, just sleep. 54 days to go...

well...while i absolutely agree to leave well enough alone, this creditor is in violation of the FTC...... if you get another letter i would call them with your docket number and let them know they are in violation and you will report them.

to me, it gets to be a point of principle....but that's JUST ocd me. it's like 3 strikes YOUR OUT!!

best of luck...it will be over soon!