I am hoping someone could point me in the right direction. My husband and I filed for Chapter 7 in October of last year right before the laws changed due to loss of job and medical problems. We received our discharge and were what we thought was back on the road to financial freedom. Well, apparently not, even though everything was discharged, we are receiving letters from collection agencies for bills that we now no longer are responsible for. When we explain to them that they were discharged, they tell us it is not their problem and they have no record showing it was included in the bankruptcy. One told us that they bought the “account” in march of this year a full month AFTER the discharge was granted. We’ve told them not to call us but they continue to and badger us for money.
What can we do to stop them? Isn’t there a law that they are violating by just mailing a letter or calling us to demand payment?
Second question, we know that our credit report will not be “pleasing” to the eye but how do we go about getting all three credit reports to reflect that the credit items were included in the bankruptcy and the balance should be $0?
I have tried several times to call our attorney but find that I don’t get any answer nor his answering machine. So we are left to take care of this on our own. Any help would be greatly appreciated.
All you have to do is give them notice that you filed bk and the case number and court… when you give them this info also tell them that if they continue to call you that you will file for sanctions against them with the bk court for continued collection activity….. put this in writing if you have too. Don’t engage in conversation with them…. they will lie to get you to promise to pay or to get your bank information to steal the money from you. Get copies of all three credit reports and then dispute as included in bk.
Here is a sample letter to send for the collectors:
Dear so and so,
Please be advised that I filed bk and was discharged on (date). This debt was included in my bk.
Please also be advised that should you continue to contact me about this alleged debt I will have no choice but to file for sanctions against you in the Federal Bankruptcy Court for continued collection activity.
Should you need any additional information please contact the Federal Bankruptcy Court at (number) and ask for case number xxxxxxx