Creditor trying to collect after Ch 7?

iVillage Member
Registered: 01-06-2009
Creditor trying to collect after Ch 7?
4
Wed, 07-06-2011 - 11:19am

I just had a really hateful phone call (aren't they all?!)

Lisa
Community Leader
Registered: 07-26-1999
Thu, 07-07-2011 - 9:04am
Was it included in the BK? Do you have all your paperwork still? There is a possibility that it didn't get discharged becaue it wasn't included. The first thing I would do is call your BK attorney if you don't have a copy of your paperwork, and get one to keep on hand at all times, or go to the courthouse where it was filed and get a copy. If you already have one, or once you get one, I would keep it with you for a minimum of 10 years. Second, depending on if it was or wasn't listed on your original petition, you will want to check with your BK attorney. If it was included, all you need to do is ignore the phone calls, if and when capital one files suit against you, answer the pleading indicating you filed BK, put the dates, etc. on it and attach the BK filings to the answer showing capital one was indeed included and they have no standing to sue you. You can also have your BK attorney handle this for you if you'd like or they will do it for you. Lastly, if it wasn't included in the original BK, you may be able to go back and ask your attorney to amend the original BK petition and add capital one as a creditor. You will need to talk to our attorney and find out what your options are. Here is a quicky link that gives a short answer on non-discharged debts in a chapter 7.

http://bankruptcy.findlaw.com/bankruptcy/bankruptcy-chapter-7/chapter-7-remaining-debts.html
Photobucket
iVillage Member
Registered: 01-06-2009
Thu, 07-07-2011 - 10:32am
Thanks Tracy. I have a call in to my BK attorney, hopefully he'll call me back today. It's odd because the company has the info on my BK, including the case number, which they quoted to me. I'm really thinking they're just trying to scare me into paying.

The whole situation is odd IMO, I haven't heard a word from them until yesterday when out of the blue someone calls wanting to collect on it.
Lisa
Community Leader
Registered: 07-26-1999
Thu, 07-07-2011 - 11:14am
Its not unusual for them to use scare tactics to get money, even if its not owed to them. I honestly wouldn't worry about it much until you talk to your attorney and see what he has to say. When I went through mine, after it was done I kept getting letters from the credit card company that held the credit card for best buy. I had purchased a new stove and a washer and dryer about a year before I filed for BK and I was getting threatening letters saying I either needed to pay them for those purchases I charged or they would either put a lien on my condo deed or come repossess the appliances because it was a "secured" lien. Apparently that company does that quite often even though it is untrue and it was an unsecured creditor in the bankruptcy. But again, companies will try whatever scare tactics they can, especially in this economy right now. Hugs, its always a difficult process to go through. Hopefully you will talk to your attorney soon and he can put some things to rest for you. Let us know how it goes.
Photobucket
Community Leader
Registered: 03-17-2003
Wed, 07-20-2011 - 7:10pm

I agree with Tracy.