top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Question Regarding Automatic Stay

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Question Regarding Automatic Stay

    Can a creditor (medical) forward the account to collections while an automatic stay is in force? I have a creditor threatening to do this if a payment is not received within 15 days of notice.

    Thanks in advance of your help.
    Chapter 7 filed December 11, 2009, 341 Meeting held on January 7, 2010
    Deadline to File a Complaint: March 8, 2010

    Discharged and Closed March 11, 2010

    #2
    Good question. I have medical bills due also so would like to know the answer too.
    Filed Chapter 7 April 29th, 2010
    341 June 1st, 2010
    Report of No Distribution June 2nd, 2010
    Discharged and Closed 8/10/2010

    Comment


      #3
      I just talked to my lawyer's assistant and she said that they "technically" can't pass it along to collections while there is an automatic stay in place. The lawyer is going to sent a love note to the creditor.
      Chapter 7 filed December 11, 2009, 341 Meeting held on January 7, 2010
      Deadline to File a Complaint: March 8, 2010

      Discharged and Closed March 11, 2010

      Comment


        #4
        It's probably not the kind of violation that gets much attention in the grand scheme of things. It's not like sending it to collections is going to make a difference now that you've filed and I'm sure they know that.

        It sounds like an empty threat. They're probably hoping you're someone who scares easily and will crumble and pay with the threat. It sucks though that they are being so petty. I hope your attorneys letter gets them to leave you alone.
        Filed Chapter 7 April 29th, 2010
        341 June 1st, 2010
        Report of No Distribution June 2nd, 2010
        Discharged and Closed 8/10/2010

        Comment


          #5
          Originally posted by DebtHater View Post
          Can a creditor (medical) forward the account to collections while an automatic stay is in force? I have a creditor threatening to do this if a payment is not received within 15 days of notice.

          Thanks in advance of your help.
          When did you file? When did you get the notice? Some creditors have a hard time understanding the automatic stay.
          Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
          "One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."

          Comment


            #6
            Originally posted by LimpDisc View Post
            When did you file? When did you get the notice? Some creditors have a hard time understanding the automatic stay.
            I filed December 11, 2009. The notice is dated December 28. I sent a certified return receipt letters to my creditors days after filing regarding my filing with my case number, district, and lawyers information. I know they received the letter because I got the receipt back. I guess the real question is if someone with competence received the letter.

            My lawyer did tell me they are going to follow up on it.
            Chapter 7 filed December 11, 2009, 341 Meeting held on January 7, 2010
            Deadline to File a Complaint: March 8, 2010

            Discharged and Closed March 11, 2010

            Comment

            bottom Ad Widget

            Collapse
            Working...
            X