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Does a BK Stay prevent futher collection action?

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    Does a BK Stay prevent futher collection action?

    I have a Ch 7 Asset BK.
    I have passed the 60 day club with a discharge happy dance, but the Trustee has not closed my file. The Creditors have until the end of March to file claims against my assets.

    The only creditor, so far, that has filed a claim is a junk debt buyer that purchased a CC debt from a listed creditor after I filed BK, but before the discharge.

    I never got notice of this new collector's action except for a Pacer posting of this creditors claim against my assets.

    If this is the only creditor against my assets by the end of this month can I file a motion against this new junk debt buyer for collection actions after a BK stay?

    And will the Trustee close my file if there are no creditor claims against my assets?

    #2
    What collection actions do you mean? Have they contacted you for payment? (They are allowed to file a claim - that is not collection activity against you. That is what they are supposed to do in a bankruptcy case.)
    ~Staci
    Not an attorney, and never played one on tv. My responses are based on my own experiences & personal opinions.)

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      #3
      Originally posted by SMinGA2 View Post
      What collection actions do you mean? Have they contacted you for payment? (They are allowed to file a claim - that is not collection activity against you. That is what they are supposed to do in a bankruptcy case.)
      To be clear this creditor was not part of my original list of creditors in the BK filing. This creditor just appeared without any contact or notice to me.

      Is this a usual practice to assume or purchase debt from creditors after BK?

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        #4
        They purchased the debt or they were assigned by the original creditor. Nothing uncommon in that. If the original creditor sold/assigned the debt, then they also sold/assigned their right to file a claim.
        ~Staci
        Not an attorney, and never played one on tv. My responses are based on my own experiences & personal opinions.)

        Comment


          #5
          Originally posted by Tony733 View Post
          Is this a usual practice to assume or purchase debt from creditors after BK?
          The sale of claims is VERY common in Bankruptcy. Especially if you are an asset case (or appear to be an asset case). Most of these are consolidated to one of the BIG junk debt buyers (JDBs), such as B Real, B Line, eCast Settlement, LVNV Funding, etc.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment

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