Cell Phone

[mattberry]

I included my cell phone with verizon in my bankruptcy which was discharged in Aug 2008. I kept the phone and continued paying on it. In 2009 I was unhappy with my service and stopped paying in may 2009 (almost a year after my Bankruptcy was first filed). They transferred it to a collection agency, I've been trying to clean up my credit report and have an open collection showing because of this.

Am I responsible for this, or are they wrong pursuing this. If they are in the wrong what recourse do I have? Last year it showed IIB, but now is showing active / open, I disputed it but now it shows verified open / active.

[Pandora]

In short - yes you are responsible for your phone service; you continued to use the service after discharge, so therefore you owe the $ for usage.

[AngelinaCat]

Not only did you continue with the service after discharge, you did so after you filed, so technically this was 'new' debt. If you had decided to stop this plan before you filed and included it in the BK, then you possibly would have gotten it discharged.

[mattberry]

I was late with a payment and they killed my phone, I payed for my usage, but they also charged me for the next couple of months until the contract ran out (told me I'd have to pay a termination fee). I thought because this contract was included in the bankruptcy that they wouldn't be able to collect on it, it's starting to look like that's not the case.

[catleg]

The contract was listed in bankruptcy so they can't charge you an ETF based on the contract.
Chances are, if push comes to shove, you can get them to go away based on the bankruptcy issue.
But anyway, why are you on a contract plan? They are such a ripoff.

[Pandora]

I was late with a payment and they killed my phone, I payed for my usage, but they also charged me for the next couple of months until the contract ran out (told me I'd have to pay a termination fee). I thought because this contract was included in the bankruptcy that they wouldn't be able to collect on it, it's starting to look like that's not the case.

Catleg is correct however that only applies if you included it in your filing and stopped using the service, to which you could get out of the ETF and write it off. If you didnt stop using it after the filing date, then they have a right to collect. You said you filed and were discharged in 2008, yet continued to use the cell service until sometime in 2009.... a year after discharge.

It appears from what you've written that while you included it in your filing and could've gotten out of the contract then and there - you did not discontinue to use the cell phone services, which would make you liable for usage/billing afterwards.

[catleg]

I'm not talking about strict legal liability, I'm talking about muddying the waters enough to make them go away.
Obviously there is some liability for the usage, but the amount is usually too small to be worth "going legal" on it.

[debee]

I was late with a payment and they killed my phone, I payed for my usage, but they also charged me for the next couple of months until the contract ran out (told me I'd have to pay a termination fee). I thought because this contract was included in the bankruptcy that they wouldn't be able to collect on it, it's starting to look like that's not the case.

You're off the hook and they're on it.

Applying pressure to make you pay for the remainder of a rejected contract (which is just another disguise for early termination fee) is a violation of the permanent injunction (11 USC 524) so long as the contract was rejected with your bk filing.

The rejection/assumption of the contract has nothing to do with whether you continued to use the service. According to 11 USC 365(d)(1): If the trustee did nothing with this contract within 60 days of your filing, it's rejected. You can read it here: http://www.law.cornell.edu/uscode/us...5----000-.html

You're only responsible for your actual usage. Once they stopped providing you with a service, they lost the right to bill you for one.

[GoingDown]

The contract was listed in bankruptcy so they can't charge you an ETF based on the contract.
Chances are, if push comes to shove, you can get them to go away based on the bankruptcy issue.
But anyway, why are you on a contract plan? They are such a ripoff.

Contract plans are a ripoff. With Google Voice, you can keep the same number and just switch from pay as you go phone to pay as you go phone without ever having to worry about losing your phone number. You just forward all your Google Voice calls to the new phone with the click of a mouse.

[catleg]

It's amazing how much social pressure there is to have an iPhone.
I've had the conversation with my wife a million times.
Luckily she gets it. (but is still jealous)