Cease and desist letter after bankruptcy

But if creditor/collectors are harassing you after filing bankruptcy, you should talk to your bankruptcy attorney. This is a legal issue, I think.

If I remember right from our bankruptcy, they are in violation of the stay. That is a very serious booboo on the collectors part.

It's a pretty serious boo-boo. It's a crime, in fact, and one that can get you damages for violation if you choose to sue, under both the bankruptcy act and the fair debt collection practices act, and possibly the consumer protection laws of your state.

You should at the least, file a "motion for a rule to show cause why the debt collector should not be held in contempt" with the bankrupcty court, because ignoring a discharge order is a personal slap in the U.S. bankruptcy judge's face. If you had a lawyer in the bankruptcy, call that lawyer about it.

Our bankruptcy attorney loved it when collection agencies and creditors violated the stay. He slapped them with contempt of court for violating the stay.

filed bankruptcy eight years ago it was discharged 3 mos later all the debts are listed in the discharge including the ltd overpayment but the insurer of my disability benefits have recoup the overpayment ever since and i'm still disable i'm not sure what to do
i receive ss but insurer is suppose to pay also

the insurer is cigna they state there is a provision in the summary plan descriptions that states
"An employee from whom disability benefits are pavable under this policy may be eligible for benefits from other income benefits.If so the insurance company may reduce the disability benefits by the amount of such other benefit can request lump sum payment
reduce benefit amounts or take appropriate collection activity available
but i can not get a copy od SPD because company out of business i worked for and US labor states they do not have a copy the bankruptcy lawyer i used is not in pratrice anymore .i don't know what to do

HI debatcc- I am afraid I am not following. are you speaking of a creditor that was discharged in your bankrutpcy?

i filed bankruptcy and the disability overpayment i received from (creditor) is cigna insurance company was discharged but cigna has continued to recoup payment from my future benefit payment. i sent them a copy of my bankruptcy discharge and they said they are not subject to
automatic stay or discharge

I think this is a good question for lawstudent. Post your question in the bankrutpcy thread and you will get numerous responses.

ladybug

My bankruptcy has being discharged since june 2006 but i have an old creditor that was not included on the bankruptcy because i forgot about them. what are my options because they are calling my job and home several times a day. please advise

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I have filed for bankruptcy and received the discharge of debtor Dec. 2009, i recently received collection notice from liberty life assurance disability insurance for over $4000 because I have recently been approved for SSDI. Do I really have to pay them back for the overpayment? If not, they will send my account to Collections agency, what would I expect? Can I get sued for non payment?