i just got a call from a CA telling me that they were hired buy so and so. I filed BK7 and not sure if they were included in the filing? this is a debt that i don't remember and i see it also on my credit report as being charged off in 1998 account was opened in 1995. if i did not have it on my bk7 when i filed is it possible to include it now. i was discharged from bk7 10-2001. he told me to that i had 1 hour to respond to his call. he strong armed on the phone. i told him i had filed bk and his answer was he didn't care. then at the end he told me he wanted the attorney's name. i asked him his name and company and phone number and he didn't give it to me. at the end he gave it to me real fast that i couldn't get ....
oh boy, i just looked and saw they are not on my bk7. now what?? i guess i need to call my attorney. this is a item that i was disputing with CRA, i must of woke somebody up.
Sounds to me like they are making a desparate last ditch attempt to bully you into paying. Most likely the SOL has past on this, and the drop off date on your CR is approaching. Check the statutes of limitations for your state. Tell the collection agent when he calls back that the call is being taped and you want them cease and desist, then hang up (if he doesn't hang up first). Gib
Relax (easy for me to say, right!) Your last guess was correct. He was making a last ditch effort. Most likely they bought or otherwise inherited this account from a long line of previous creditors and are trying to scare you into paying. Even though they were not listed on your BK7 matrix, they are still discharged. Look at your BK7 discharge letter. It does NOT list which creditors it applies to but rather says something like, "all your debts that are dischargeable are hereby discharged. That phone call was just blowing smoke. If he calls again, tell him you're recording his conversation and hang up. I got this a few times after my BK7 some 10 years ago and the callers were always pushy, trying to get me to agree to pay them. But they each only made ONE phone call. No matter what they tell you or how much info they try to get from them, the BK court would actually nail them to the wall for trying anything (how 'bout THAT for your tax dollars at work for a change). Why would the courts favor you? Because judges don't like to have their work tampered with by some two-bit clock-punching telemarketing minimum wage-earning collector and they will make the collector jump through monumental hoops to mess with that discharge...THAT'S WHY. Ask you lawyer, if you were represented. He or she will tell just that. And I seriously doubt if you hear from that jerk again. You can also dispute it off your credit report as "included in bankruptcy".
thank you hope and gib. i was scared and everything else. that makes me feel better. i can't wait tell he calls again.
Hold on a second. If you don't specifically list the debt on your petition that you give to the trustee, it is not included in the bk.
correctamundo. You will need to have your atty. try to get this listed. He'll have to file a petition but it can be done. However, if the ca doesn't call back, I'm not sure I would rush to do anything. You can also inform him if he calls back, that by calling and demanding an answer in 1 hour is a big violation of the FDCPA. He also needs to read you your mini-miranda's "this is an attempt to collect a debt...."
well it has been 7 hours later and he has never called back. although he did call acouple of days ago and i was not home....
Wrong. Read the bankruptcy laws. If it is not listed in the bankruptcy, it has not been discharged, and therefore is still collectable. This prevents people from "forgetting" to include creditors in order to avoid having to let them know about the bankruptcy, people ie. people who obtained credit via fruad. The discharge is ONLY for debts listed in the bankrutpcy. this is why it is so important to list ALL of the debts.
I disagree. Read the accompanying case law, that says, if the creditor could have known or found out about the bankruptcy doing it's active existence, by any means other than being notified by the courts, (such as their dinging her credit report and seeing the bankruptcy filing on there), then the burden is on the creditor to show cause why they did not make their claim known before the discharge, or be considered discharged as well as those creditors who were listed. Check it out. Of course, it would be a dangerous game to NOT list a creditor if you know about them or remember. But that's not the situation here. There are many intricacies of bankruptcy and everything is not cut and dry.
Just did a quick search and this is what I found at: http://www.swiggartagin.com/bkfaq/faq6.html#Q11 What if I fail to list a creditor on the bankruptcy papers? What if I fail to list a creditor on the bankruptcy papers? If you intentionally omit a creditor from your schedules, you have committed perjury. However, sometimes a creditor is not known to exist at the time the schedules are filed. Generally, you may amend your schedules at any time during the bankruptcy proceeding to add an additional creditor. If you accidentally omit a creditor, and the creditor does not otherwise learn about your bankruptcy proceeding in time to participate in the proceeding, the debt owed to that creditor might not be discharged.
It means I got rid of their terrorist listing with the cra's for the final time and this time the listing was cloaked by cra's, which means it is a hard delete and cannot be reinserted. Thus, Assassinated and cloaked for good.
i did not know that i owed them. if i would of pulled a CR before i filed i would of seen it. the last activity was in 1998. before anyone files they should pull a CR. i will call my attorney in the morning and ask. i'll keep everyone posted on what the out come is..... thanks everyone.
A good point lg. In fact, one lawyer I know asks potential bk clients to bring copies of all 3 CRA reports to the inital consultation.
i recieved the letter yesterday from the CA. faxed to attorney she is writing a letter to CA telling them to hit the road.
Is she going to reopen your case just to add that collector? Or is she just going to tell them, "she's been discharged, Bubba! Hit the bricks!"
