BK closed- surrendering house-harrassing calls

[michea]

My Bankruptcy was finalized 1 year ago and my house was included but I continued to make payments and live there. I did not reaffirm. I have now
moved out of State (AZ). the house has been for Sale for 14 months and no takers so I am surrendering the house. I am 2 months behind in payments. My Question is : I am being flooded with collection calls and threats of them dinging my credit report. If the house was included in the BK is this what to expect? I thought that they could not harrass me or my family with collection calls or even notify the credit bureau because it was included. The atty is out of the picture now because the BK is closed so i can't forward to him. I'm just confused and need help on what to expect. thanks

[AngelinaCatHub]

Well I'm not sure with the credit report. More than likely they can put anything they wish in there. You can of course rebut that.

Send them a C & D letter and you will not hear from them. A friendly note reminding them that at least they got some money more than if you had walked a year ago.

Watch your credit report they may be bluffing as the callers in their job usually do a sales pitch. 'Hub

[sofarsogood2]

Have you offered your BK case number and discharge date? One arm doesn't know what the other is doing at the mortgage servicers. The debt was discharged- you are no longer personally responsible and they are violating the Discharge Injunction by contacting you.

Send a letter with your case#, account#, and discharge date. Include a statement along these lines:

The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit, false derogatory credit reporting, or the involvement of third parties designed to collect a discharged debt. The normal sanction for violating the discharge injunction is civil contempt, which is often punishable by a fine. Bankruptcy case law provides that a debtor may collect costs, reasonable attorney’s fees, sanctions, punitive damages, and compensatory damages against creditors and their attorneys who violate the order of discharge. In addition, FCRA regulations allow for a debtor to seek restitution from a creditor who has filed false credit reports with any of the three Credit Bureaus.

Keep all correspondence recieved from them, and a log of all phone calls. If they don't let up, get an attorney to review your complaint for a lawsuit.

Good Luck!