here is a good one... A garbage co is trying to collect a debt that they have passed back and forth between themselves and D&B RMS collection agency. The debt is for 70.00 I prepared a letter for them and would like some opinions on it. I intend to send to the CA as well. bear in mind that BOTH of these companies are aware of the bankruptcy, yet blatently try to collect this. In fact, when I notified D&B by CMRRR about the BK and gave them my attorneys name, they sent the collection letters to my house with "C/O my attorney" on the letters. i am so glad i saved this stuff. I looked up waste managements info online and prepared this letter to the CEO. What do you all think? I am open to suggestions. thanks shawn here it is Dear Mr. Steiner: I am writing this letter to inform you of my â??intent to sueâ? your company for attempting to continue to collect on an account that was listed in bankruptcy. In case you were not aware, this is a serious violation of the automatic stay granted me by the bankruptcy laws, which, as you may not be aware, will result in heavy fines and damages, both punitive and actual, as well as attorneys fees against your company. The account in question is #680-0084908-0068-0. I have dealt with both the collection agency, D&B RMS, as well as Waste Management credit collections for Washington District in PA, # 68. I have signed Certified mail cards from D&B RMS showing signatures that they did indeed get my mail about the bankruptcy. I am enclosing a copy of my discharge letter from the bankruptcy court showing the date of discharge. In checking with my attorney, he states that all debts owed at the date of discharge are wiped out. He is ready to prepare a â??motion to sanctionâ? with the bankruptcy court, but I decided to afford you the opportunity to correct this matter before I need to do this. My question is, why canâ??t your company understand this, and stop harassing me? This is causing unneeded stress in my life that is not needed. Be advised that I have saved all the letters sent by both your company and your hired collection agency, which by the way also got a â??intent to sueâ? letter. The most recent letter I got was today from your company, who reminds me that service to my former home at 124 Amelia St, McKees Rocks, PA, has been suspended unless I pay this past due bill. Bear in mind that I have not lived at this house for nearly 2 years, and I cancelled service when I left. It is not my fault that your employees did not do their job correctly. Therefore, this is your notice of our intent to sue for violations of the federal bankruptcy code, which we shall commence in bankruptcy court in Pittsburgh, Pennsylvania which shall include damages as well. I will be doing this 25 days from the date of this letter. In fairness, I am willing to listen to any offers to settle this and save the unnecessary need and expense of opening this up in the courts, as it will be very costly for your company. You may contact me by mail, or on my cell phone
The most recent letter I got was today from your company, who reminds me that service to my former home at 124 Amelia St, McKees Rocks, PA, has been suspended unless I pay this past due bill. *Bear in mind that I have not lived at this house for nearly 2 years, and I canceled service when I left. pat9100 ****************************************************** *I think this may be the key to why they are billing you and ignoring the BK. They are billing you for services performed after the BK not before it. They have every right to bill you for debts occurring after the BK and the BK would have no effect on such debts. http://www.send4fun.com/telephone.htm >
this is not necessarily true...did you specifically list this creditor to be included in the bankruptcy?
Re: my letter to OC trying to c Yes, this is ONE question to ask. Another equally important question if the debt was not specifically listed is whether this was considered to be a "no asset" BK. On my BK7 my assets were so low that they sold nothing. There are opinions (available on the web) from BK courts stating that it's not worth the paperwork and court time to RE-OPEN a BK, just to add a debt here or there that a debtor inadvertently forgot to list. Why? Because the outcome would not change one iota. The creditor will STILL not have the opportunity to influence the disbursement of any fund available to the debtors -- because there really ISN'T any $$ being disbursed. Make sense? I wouldn't send this letter. I'd simply state that you discharged a chapter 7 BK, case # on date xx/xx/xxxx. Refer to my lawyer for further questions. Nothing more. You can't tell me they'd lift another finger for $70. And if they continue to collect, don't ITS ... just sue them.
Re: my letter to OC trying to c I agree...and I think I answered this same question on another board last night. I wouldn't waste the paper on them. I would just go to small claims and file a complaint. They won't show up so you will win by default. Then you serve them with a "subpoena duces tecum" which will be an interrogatory (it could be a request for documents but for small claims it is usually an interrogatory). They CANNOT ignore this subpoena...they would then have to submit the location of ALL their bank accounts. This company "ain't goin' anywhere" so they will probably pay up...make sure you include expenses in your small claims suit. clc
Re: Re: my letter to OC trying to coll BK d Even if he did list the creditor it would not apply to this They are billing you for services performed after the BK not before it. They have every right to bill you for debts occurring after the BK and the BK would have no effect on such debts.
Re: Re: my letter to OC trying to coll BK d In checking with my attorney, he states that all debts owed at the date of discharge are wiped out. pat9100 ---------------------------------- But the debt they are dunning you for is a debt owed and occurring after the date of discharge so it wouldn't be wiped out by the BK !!.
Re: Re: my letter to OC trying to coll BK d the debt was made BEFORE the BK, almost a year and a half before the filing date. I should have made that more clear. shawn
Re: Re: Re: my letter to OC trying to coll BK d It's still clear as mud or I'm still cornfused lol. What year was the filing date and what year was the debt made.
Re: Re: Re: my letter to OC trying to coll BK d and again, was this debt specifically listed in the bankruptcy? BK does not blanket all your debts owed unless they are included. it does not include debts you did not include. the OP would have to reopen the BK in order to include it and lets be honest - $70 is not that much. i would offer settlement for half and be done with it if it wasn't included.
Re: Re: Re: Re: my letter to OC trying to coll BK d ok that part is really retarded sounding with the wording but y'all know what i mean.
