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Are e-mail billing reminders a violation of the automatic stay?

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    Are e-mail billing reminders a violation of the automatic stay?

    Are e-mail billing reminders a violation of the automatic stay?

    Thank you for any help with this question.
    ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
    Not an attorney - just an opinionated woman.

    #2
    they could be if you notified them...

    here's what we did to stop them...

    first we went to each and every site and took or removed our information.......or in some cases just gave incorrect info to throw them off..........
    second..we "blocked" their email addresses.....

    it finally worked....but be REALLY careful about this....because chase since i did have "auto" pay...but paid on line decided to just grab a payment.....i fought with the bank and got our money back although i had to argue since they...the bank, said well you have paid them via auto......i said NO...i pay them via my computer but never gave authorization for "auto" pay....

    my bank ask for proof from chase and they said first we did the authorization on line.....nope....then they said we did it by phone......nope.....so we were lucky and the bank returned our money.

    make certain you contact your bank immediately........but GO IN and make certain you block all payments from anyone you were paying on line since they still have your banking info...if they do.

    best of luck...and pet the kitties please..
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

    Comment


      #3
      Cue: crickets

      *Bump* for any other opinions...
      ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
      Not an attorney - just an opinionated woman.

      Comment


        #4
        Originally posted by ValleYum View Post
        Cue: crickets

        *Bump* for any other opinions...
        LOL!!!
        your are too funny......bumping the next post,,,..the emails should stop shortly.....i hope!
        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

        Comment


          #5
          I'd say yup, violation. The method isn't the main thing, so whether they used email, homing pigeons, birthday cakes, or a talking snake coming out of your toilet, it's all against the rules.

          edit: crickets had me laughing too.
          There are two secrets for success in life:
          1.) Never tell everything you know.

          Comment


            #6
            Originally posted by debee View Post
            I'd say yup, violation. The method isn't the main thing, so whether they used email, homing pigeons, birthday cakes, or a talking snake coming out of your toilet, it's all against the rules.

            edit: crickets had me laughing too.
            true story.....we lived in the country and we had a black "friendly" snake in the toilet.............none the less...it was certainly a snake...(we put it out in the yard and had no clue how it got in..or why he was in water)...but he was a REAL snake....probably sent by chase or b o a!!
            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

            Comment


              #7
              LOL debee and tobee. You 2 "bee" funny!! Thanks for the help!

              I would DIE if I found a snake talking to me from the sanctity of my throne room. EEEEeeeek!!
              ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
              Not an attorney - just an opinionated woman.

              Comment


                #8
                Originally posted by ValleYum View Post
                LOL debee and tobee. You 2 "bee" funny!! Thanks for the help!

                I would DIE if I found a snake talking to me from the sanctity of my throne room. EEEEeeeek!!
                we bee!!! we actually liked the snakes around as they keep other critters away....except the creditors!
                8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                Comment


                  #9
                  The snakes left the creditors alone out of professional courtesy.

                  Comment


                    #10
                    Originally posted by Bell30656 View Post
                    The snakes left the creditors alone out of professional courtesy.
                    LOL!! oh...i thought those were the "RATS"...
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                    Comment


                      #11
                      We live on the country, and we had a rat in the toilet once..... no snakes though....
                      "To go bravely forward is to invite a miracle."

                      "Worry is the darkroom where negatives are formed."

                      Comment


                        #12
                        Sorry, I couldn't resist.....

                        Seriously though, the email notifications are probably automated. Once the creditors receive the 'Suggestion of Bankruptcy', the notices should be stopped, but depending on the size of the company and how busy they might be, they may not think to turn off the automated notices. Then, some companies will turn off the online access to your account, once they recieve the 'Suggestion of Bankruptcy'.
                        "To go bravely forward is to invite a miracle."

                        "Worry is the darkroom where negatives are formed."

                        Comment


                          #13
                          I guess it would depend on if its actually a BILL asking for money - or just a reminder; they're 2 different things IMO. For instance: I pay my Verizon bill online - I signed up for on-line bill reminders however I still receive a paper bill as well, so I have the option to pay online or mail it in, my choice. The email reminder just states my statement is available with a balance of $XX; however the actual notice does not state I must pay it.

                          So I guess the bigger question is - is it demanding payment or just an FYI?

                          Comment


                            #14
                            If you have filed for bk protection, emails are a violation of the automatic stay.

                            Emails for any type of collection purposes can be a little tricky....
                            All information contained in this post is for informational and amusement purposes only.
                            Bankruptcy is a process, not an event.......

                            Comment


                              #15
                              Originally posted by frogger View Post
                              If you have filed for bk protection, emails are a violation of the automatic stay.

                              Emails for any type of collection purposes can be a little tricky....
                              Yes, but would that apply if YOU signed up for email notification for future billing? Many are optional - so just by receiving a notice doesnt necessarily constitute a violation...does it? As noted, many are automated - so if you opt-out and end the notifications....

                              Comment

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