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New CA purchased debt and sends collection letter to me after I've filed Chapter 7

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    New CA purchased debt and sends collection letter to me after I've filed Chapter 7

    I've had a credit card account that I've listed on my Schedule F that was originally Washington Mutual later acquired by Chase (not the account but the Bank). It is listed as Chase Bank. I already had my 341 meeting on 5/19 which was continued to 6/21 because the Trustee asked me provide additional documents which included amending Schedule F due to some errors.
    Today I received a new collection letter from another CA who evidently purchased the debt from Chase (the same account that is listed on my Schd. F) Should I amend my Schedule F again or I'm covered anyway by listing Chase.

    #2
    No, you're covered by Chase.

    It is very routine for Chase to sell accounts that have filed BK on them.

    What is unusual is being contacted by such a debt buyer, that is a guaranteed stay violation.

    Maybe it's because you are pro se.
    filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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      #3
      Thanks for your response. Maybe they purchased it prior to the date that I filed for Chapter 7 originally (April 2). Does that make a difference? How would they know that I'm in BK?

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        #4
        How would they know? Well, apart from the usual ways, like Pacer, they should know that any accounts they buy from Chase are likely bankrupts, and it's their responsibility to screen them. I had four accounts with Chase, my wife had four or five, none of them contacted us after being sold to debt buyers after BK.
        filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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          #5
          So once bk is closed, they can no longer collect, even if they were NOT notified, as long as the original creditor was? They seem to be in contempt of court if they purchased it after I've filed for BK. Wouldn't I be safer to amend Schedule F and the matrix by adding this CA to the list? It's only $24 plus parking for an hour...

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            #6
            You don't need to add them..you are safe by having filed the original creditor. But I would still call the CA and let them know. They will most likely immediatey send that debt back to the OC.

            It would be difficult to prove that the CA violated the stay unless a significant amount of time has passed between filing and the letter. They obviously didn't know at the time of that action and I seriously doubt a court would fault them for that.

            I also disagree with the last poster who thinks that most debts bought from Chase are likely to be bankruptcies. I think that defaults still out number bankruptcies and the creditors play the odds.

            Good luck to you.

            ep
            California Bankruptcy Central

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              #7
              I'm affraid to call or write a letter to them. They may be illegally using credit information obtained from Experian or other credit reporting agencies. For one, they refer to the original creditor as Washington Mutual Bank, which no longer exist. If they have indeed purchased the debt they would have done so from Chase which was the last owner of record.

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