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Statement w/full balance due from Citi 1 month after final decree.

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    Statement w/full balance due from Citi 1 month after final decree.

    I called them and they were at first unaware I filed bk, then claimed my discharge was reversed on December 2nd, then said my balance was 0 and I wouldn't receive any more statements.

    Should I pursue a "motion for sanctions" or an AP, with just the statement as proof and a phone call?

    Pro Se discharge 11/17/11, Closed 12/5/11

    #2
    That is not enough. Generally speaking, creditors get one chance to get something wrong. A practicing attorney would send the offending party a letter (re)-informing them that a discharge had been entered and that the debt was discharged and that further attempts could possibly be met with sanctions from the bankruptcy court.

    You should probably double check PACER and make sure something strange didn't happen on December 2, just to make sure.
    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


      #3
      thanks. I did check Pacer after and everything is in order. I'll call the clerk to make sure though because during the course of the bk errors were input to Pacer e.g. instead of listing my Means test forms as entered, the ch 13 equivalent was entered and listed as such. I had that corrected but it still shows in 'History' as 13. Also the petition sent to the trustee from the clerk was incomplete which resulted in much drama right before my meeting. Needless to say I had to call the clerk to get my discharge.
      Last edited by simplicityof; 01-05-2012, 05:39 PM.

      Comment


        #4
        Those types of dockets entries would not lead to a "real" problem -- those would be technical issues where the Clerk could make corrective docket entries. I was more worried that your discharge was revoke or vacated on 11/17 and the case closed as "dismissed" on 12/5.

        I would type a letter and send it certified mail return receipt to the creditor. Save the green card. Record the data and time that you spoke to them and that you sent the CMRR letter in some ledger. That way, you can pounce should they do this a second time.
        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


          #5
          thanks again. Eventually I'll review my experience with the bk and share here.

          Comment

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