Discover card just called the day after electronically filing CH7-shows on pacer

[alibaba]

So apparently discover had no idea my lawyer had filed yesterday, it is showing on pacer. So I had to politely tell the "account manager" that I filed and he asked for my attorney's info. Is that still violating?

[IamOld]

In my humble opinion likely not - if he didn't ask for $$ just atty info, no - I mean realistically they'd have no way of knowing that you filed - it took my mort bank over a week to turn off the website payment thing - Chase took 48 hrs :-) I believe some creditors get notice electronically and some is regular mail.

however...I did get a bill dated May 5th from one of my secured (and will be surrendered) creditors...oh well...I keep those bills - just in case...

[oregonpilot]

hi alibaba.....i think the creditor matrix mailings go out snail mail so it may take a little time for them to get "the word"

[ValleYum]

So apparently discover had no idea my lawyer had filed yesterday, it is showing on pacer. So I had to politely tell the "account manager" that I filed and he asked for my attorney's info. Is that still violating?

I think you are giving electronic filing waaaay too much credit. Even if creditors have programs that "check" bankruptcy filings every night, it still can take a bit of time for all the info to be uploaded into computer databases.

While some creditors seem to "know" that you filed bankruptcy almost "instantly", like oregonpilot said some may be notified via the USPS.

When you tell them you have filed and they ask for details simply tell them your case number, chapter of BK filed and your attorney's name and phone number. Keep a phone log if you are trying to "catch a violator" - but IMO a creditor calling within 24-72 hours of your filing and asking you for the pertinent info (once you inform them you have filed for protection afforded to you via bankruptcy) is not a violation of the automatic stay.

[alibaba]

I figured it wasn't a violation since it is such a short amount of time, but with modern technology it seems news travels fast lol.

[DebtHater]

I figured it wasn't a violation since it is such a short amount of time, but with modern technology it seems news travels fast lol.

News may travel fast but depending on how many hands the information has to go though to show up on your account is dependent on how quick it shows up. Additionally, your account may be next in queue for a phone call as someone in another department is entering the BK.

[frogger]

Technically, it is a violation because you are under the automatic stay protection of bk. However.... don't sweat it because this happens all of the time and there is a legitimate reason for it.

1. You file bk today.
2. Your bk case is uploaded on pacer
3. Tonight (or tomorrow night), pacer emails all new documentation to those that are signed up for electronic access.
4. Someone has to open those emails, click on the link to the documentation, and save it to their computer system.
5. Your account has to be noted that bk has been filed.

So as you can see, it could easily take 2 - 3 - 4 days for creditors to find out, document, and enter into the system.

While this is "technically" a violation, the point is moot during the first week or so after filing bk.