Bill included in BK sent to collections After BK discharged

[tiggor96]

I filed pro se chapter 7 BK in Feb 2010 and it was discharged in may 2010. A creditor that was included in the BK has continued to send me bills and I have called them 3 times and explained things to them. They have now sent me to collections. What can I do about this?

[tobee43]

you can file a complaint at....

http://www.ftc.gov/bcp/consumer.shtm

i have filed a few....and make sure to give them a call too...their numbers on the site!

good luck...i hope your creditors gets BIG fines...and the next time tell them they are in violation of the FTC....

[wonderingrov]

I think I'm going to have to do this myself. I had one creditor (a hospital) who had sent me a bill well into my bankruptcy case (about 30 days after the 341). My attorney had already contacted them once and told them they were in violation of the automatic stay. Well, today I get a call from a collections agency - they've referred the account over to a collections agency. Boy was I ticked. I sent an e-mail to my attorney as soon as I got off the phone. With this being the weeking, I'm sure it will be Monday before she gets it, but in the meantime, I am thinking seriously about reporting it on the site in the previous post.

(I'm steaming right now, in case there is any doubt....lol).

[StartinOver]

I think you can sue their a$$. There's damages for every contact they make, isn't there for collection efforts on debt that is included in bankruptcy?

[tobee43]

I think you can sue their a$$. There's damages for every contact they make, isn't there for collection efforts on debt that is included in bankruptcy?

yes startinover...there are fines and are supposed to be inforced and creditors are fines according to the type of infraction.

additionally, your atty or you can file a motion against them for continuing to try and collect after the discharge...(but remember that COST u money).


however, unless you file a complaint nothing happens to them.

i tell them they are in violation of the ACT itself and are going to be reported...make certain you get the name of co. person...etc...so when you file the complaint you have it all there.

also if you get a call...tell them HOLD ON...just a moment please while i have to get my tape recorder and pull up the FTC site so i can type in the complaint as you are speaking......

the first thing once you pull up the site is read the credtor the ACT itself and ask them if they wish to continue with the call....let them know they might as well since your filing a complaint anyway....it ALWAYS gets them!

oh..but make sure you get their contact phone number first.

[justbroke]

You can file a Complaint with the U.S. Bankruptcy Court for an egregious and willful violation of the automatic stay and ask for damages. In the South Eastern U.S. States, the damages are $1,000 per letter, $1,000 per bill, and $250 per phone call, for actual damages. You can also get punitive damages of 2:1 based on your actual damages.

If your attorney won't do this for you on contingency, see if another attorney will. I had to do this for a creditor in my case. They continued to bill me and told me I had to pay my pre-petition bills! I talked to them about 12 times, send 4 letters, and they received the notice of bankruptcy no less than 3 times. Anyhow, I settled that case for $3,000 just over 2 months ago.

Some of these companies won't listen to a debtor and the only thing you can do to get their attention, is a complaint!

[AngelinaCat]

I had a creditor--a medical provider--petition our trustee trying to priortize their claim before that of anyone else, including the IRS. The trustee dis-allowed it. After discharge, the medical provider sent us a bill, which we promptly sent back along with a copy of our discharge order, and a cease and desist letter informing them of the exact law they were breaking. About a month or two later, they sent us an offer saying they would accept half the amount of the bill, or they would send us to Collections. Once again, we sent the discharge order, and c & d letter. Only this time, we sent a courtesy copy of everything to our trustee. We haven't heard anything since, and that has now been over a year ago.

BTW, make sure you send everything certified, with a return receipt. This can get a little pricey, but is well worth the peace of mind having that returned signature card in your file.

Good luck.