fair debt practices collection act letter after discharge related to Florida timeshar

[ben1381]

I filed Chapter 7 in May 2010 discharged August 2010. Had a deeded timeshare included in bankruptcy
Just received garden variety F.d.p.c.a. letter threatening foreclosure lawsuit on timeshare. Letter does NOT threaten "in rem" lawsuit but regular lawsuit as if bankruptcy had not been filed threatens legal fees title fees etc. Says I owe $1333.71 through February 2011. Questions:
1. Can this type of letter be considered a violation of the discharge?

2. Would I have to reopen case including paying reopening fee to get sanction?

3. Letter offers to settle case if I deed timeshare back to sponsor. I want to do this ONLY if they agree to delete negative tradelines in credit reports.
4. I certainly can do debt validation.
I used a lawyer for bankruptcy but want to handle this post-discharge matter pro se.
5. We live in New York but the timeshare is in Florida.


Any ideas on how to proceed?

[tobee43]

here's a direct link to the federal site:

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

personally, we have filed at least 4 complaints and stopped calls, but the situation was different...the calls were for someone else..we just were lucky enough to get their "old" phone number...none of the creditors believes us...b of a...chase, discover...etc., until we turned them in. they all the calls stopped.

i would check out the site and see, but i think you may have something there.

good luck with it, and let us know how you make out. if more people would file complaints maybe this type of action would stop.

best of luck again!

[Sweetpea3829]

Tobee...I didn't even know you could file a complaint when the creditor is calling and it's not the right number. My husband has been receiving harassing phone calls for somebody we don't know since he switched his phone number a year ago. (Personally...I was so mad at him for switching...something he did because he was aggravated with his friends calling him on his old number...such a stupid reason to switch). Anyways...not only have we received harrassing phone calls from creditors...

But every single time it snows in the northeast...at 5 am we receive a robot phone call from a school district that we're not even familiar with, letting us know of a school cancellation or a school opening delay.

Not only are we not from that district...but OUR FOUR KIDS HOMESCHOOL!

AND!!! My husband's phone ringer is Godzilla roaring. So yes...multiple times this winter, we were awakened at 5 am to the sound of Godzilla roaring...loudly. For no reason.

Thought I'd share as it's rather funny...just not so funny at 5 am.

[tobee43]

Tobee...I didn't even know you could file a complaint when the creditor is calling and it's not the right number. My husband has been receiving harassing phone calls for somebody we don't know since he switched his phone number a year ago. (Personally...I was so mad at him for switching...something he did because he was aggravated with his friends calling him on his old number...such a stupid reason to switch). Anyways...not only have we received harrassing phone calls from creditors...

But every single time it snows in the northeast...at 5 am we receive a robot phone call from a school district that we're not even familiar with, letting us know of a school cancellation or a school opening delay.

Not only are we not from that district...but OUR FOUR KIDS HOMESCHOOL!

AND!!! My husband's phone ringer is Godzilla roaring. So yes...multiple times this winter, we were awakened at 5 am to the sound of Godzilla roaring...loudly. For no reason.

Thought I'd share as it's rather funny...just not so funny at 5 am.

there's just a few pieces of info you need to file the complaint...and you can do it right on line at the site i listed..

if you get the robo call...hold on and pretend to what to listen...get a call back number, a name...and of course the name of the company. and report their butts!!!!!!!!! LOL!!!

[ben1381]

Contacting the FTC is not going to do any good when you are being threatened with a lawsuit I don't think. Also they do seem to have the legal right to file the "in rem" foreclose lawsuit but not the type of lawsuit that they threatened in their letter. PLEASE READ MY POST CAREFULLY. THANKS.

[cory1848]

Does the wording of the letter state anywhere that is BK has been filed, this letter is for informational purposes only? It happened to me after discharge, my mortgage company sold my loan to another and they started harrassing me with calls. I laid into them pretty well and they requested I send them the discharge notice, which I did. It stopped after that. They still send updated statements with what I owe, etc, etc. My BK lawyer said that as long as that disclaimer is on there, they are just statements and not to worry about it.

He said if they report on CRAs, then that is a different story. Have they reported on your CRA that you are late?

They are allowed to file a foreclosure suit to reclaim the collateral. But they cannot go after you for unpaid charges, etc.

[ben1381]

No the letter says NOTHING about the bankruptcy at all. The CRAs say that I was late in July 2010. Bankruptcy was filed 5/18/10. The CRAs are also saying "included in bankruptcy". I want the original creditor to REMOVE all negative tradelines in my credit report before I will deed the property back to them.

[cory1848]

No the letter says NOTHING about the bankruptcy at all. The CRAs say that I was late in July 2010. Bankruptcy was filed 5/18/10. The CRAs are also saying "included in bankruptcy". I want the original creditor to REMOVE all negative tradelines in my credit report before I will deed the property back to them.

Plain and simple, Sue them. My BK case cost me $1800 to file with a firm. I have made $2500 in suing creditors because they violated the stay and final order. I won 3 cases. I was pushing the 4th for my mortgage company when my lawyer brought up the notice on the back about informational purposes and he wouldn't take that case. BK judges really hate creditors that violate his/her orders. If you have the proof, It should be an easy win.

There is a downside though. If you choose to fight and your case is already closed, you might have to reopen the case. I did. My case didnt officially close until 8 months after my discharge date. That delays things in like trying to reestablish credit, housing, loans, etc. because your case is still open.

[ben1381]

I don't think my bankruptcy lawyer would want to take this case and I would probably spend more in legal fees or travel expenses than this case is worth. I am in New York and this is a Florida matter. One other question-If the timeshare company pursued in rem foreclosure could they report that on CRAs? The arguments for and against this could be as follows:
1. For-You had the opportunity to deed the property back at no charge and refused to do so. A lawsuit is also a matter of public record.
2. Against- Reporting to a CRA effects future credit and goes beyond the concept of "in rem" getting value or hurting someone more than the property is worth.

[cory1848]

I don't think my bankruptcy lawyer would want to take this case and I would probably spend more in legal fees or travel expenses than this case is worth. I am in New York and this is a Florida matter. One other question-If the timeshare company pursued in rem foreclosure could they report that on CRAs? The arguments for and against this could be as follows:
1. For-You had the opportunity to deed the property back at no charge and refused to do so. A lawsuit is also a matter of public record.
2. Against- Reporting to a CRA effects future credit and goes beyond the concept of "in rem" getting value or hurting someone more than the property is worth.

If you BK lawyer thinks he can win, he should take the case. In my situation, I was not charged upfront, but rather the fees were taken out of the settlement. They salivate over cases like these case it is easy money for them. They usually always settle and all it is, is exchanging demand letters with the creditor. One of my cases was over $34. The creditor didn't want to let it go so we sued and I got $1000 with my lawyer taking $1300 or so. I didn't have to do a thing. Much easier that way.

If your lawyer doesn't want the case, that means they are not certain they can win. I would ask why. The NY to FL distance should be irrelevant. Your lawyer can handle everything locally.

I am not too familiar with In Rem cases, however if your loan has been discharged, it cannot be reported to the CRAs as you have no legal binding to that anymore. It would be false reporting. It would/could be listed in the public records section of your report. There have been numerous threads about whether or not this is allowed. Most seem to lean toward it not being allowed. I am hoping that is the case for when my house finally goes to auction and the case is closed. I know this isnt much help. There are others on the boards with a lot more experience than I have so hopefully they will chime in.