On Monday, June 20, we filed for Ch 7 (just submitted the voluntary petition to get the ball rolling). Between Monday night and Tuesday morning I contacted every place I had a PDL with and gave them our case number and that we were filing pro se. Some of the PDL places were not nice. Yesterday morning I received a phone call from one of the PDL places, calling to collect on the debt. I asked the chick: Do you see a notation on your screen that says we filed for Ch 7? She replied to the affirmative but stated she needed our laywer info. Evidentally the pro se part was not notated on our account. I was still nice about the whole thing and asked her to please make the notation. She said that until they received official notification from the BK court they could not accept a case number. I was a little irritated by that time and commented that she could go on PACER and look up my case number. She said they did not have time to do something like that, they were too busy servicing all their clients. She also told me I had broken the law because I had agreed not to file BK on them. (I went back and reread the paperwork -- it says I would not join or file a class action suit -- does that include a bk?). I thanked her for giving me her name, company and phone number and asked her not to call me again. I had not even got back to my desk when I received an email from her: : xxxxxx, : I wanted to touch base with you regarding your current account with us. I was looking over your account and I think I found a way to save you a ton of money! I put a temporary hold on your account with us so I would have time to explain everything to you. The temporary hold on your account will deactivate on 06/27/05 and extension fees will in-turn start accruing again. I'm more than happy to help out and answer questions, just give me a call or reply to this email and I'll make sure you're taken care of. : Thanks, : Amanda Shelton : Consultant : 1-800-859-6439 Ext 243 : 1-800-859-6450 Fax Advice on what to do next?
Bankruptcy and class action suits are in no way related. She is not this naive; she knows the difference but thinks you do not. She violated FDCPA by telling you you had broken the law, and that you had promised them not to file BK when you had not. This should be a warning to you about anything else she may say, imply, or threaten. You need to know what you are getting in to, with this CA, and possibly with others. You probably can't even make a binding agreement not to file BK. If that were not the case, every contract and credit agreement would contain such a prohibition. It is "against public policy" and not enforcible in court, since the federal bankruptcy laws would supercede it, you have no right to waive it, and your creditors could force you to do it anyway. She appears to be trying to get you to pay them ahead of other creditors, figuring that something is better than nothing. She is assuming you are naive about the process since you are pro se. In addition, she may be trying to set up your payment to her to appear to be your action, for which she can deny any knowledge that bankruptcy was an issue, hence they have no notation showing bankruptcy in their files. You have an obligation in bankruptcy to treat all your creditors fairly, without favoring one over another, and you may need court permission to make any payments to any of them. Failing to follow these requirements may undermine your protections under bankruptcy. You should consider using an attorney, even though you are trying to do this pro-se. Your goal is to be freed of your obligations that you cannot meet, and to be able to go forward with your life. If you make certain mistakes, you may end up with some of your debts intact. It's not the cost of the attorney that matters, but your improved financial position after it is all over. In effect, his fees may come out of what might have been paid to creditors. In addition, there are advantages in any adverserial negotiation in negotiating thru an intermediary who is on your side. (I am not an attorney.)
I have NO intention of paying any of the PDLs. I have been reading about litigation regarding violations of the consumer protection acts. I am quite willing to let all these places hang themselves by continuing collection attempts. I received three credit card statements already this week, as well as several emails reminding me I am over the limit on my cc accounts. I notified all my ccs by phone that I had filed. I guess they think that since they have not received any "official" notification that they have not been properly notified. My question is: If I wish to pursue litigation against creditors who are ignoring the automatic stay, do I do it through the BK court or the civil court? I am guessing that I have to inform the BK trustee about continuing collection activity. I am not sure though if I do this at the 341 meeting or at any time with the BK clerk.
