My acct was sold to another CA agency 3 yrs after bk filed

Did you file chapter 7 or chapter 13? I've never filed, but from what I've learned on my job, chapter 13 is just a re-orginization of debts, and you are accountable for all debts left over.

Nope, I filed a 7. When I disputed all my accounts, the CA that had that account at the time verified that yes I did file and for the bureaus to just delete it from my report.

Hmmmm...sorry, don't know a THING about chpt 7. Don't worry, someone will come along who does, though!

Thanks for your help.

no prob!!! It's what I'm here for!

Chapter 13 is a reorganizing of debts to repay. If you listed this creditor in your filing and they did not file a claim for repayment then once you have successfully completed your Chapter 13 and it is discharged then that creditor has no right to go after the debt after discharge since they did not file a claim like they were supposed to. The only debt you would still owe on once successfully discharged would be federal student loans. I live in Ohio and I filed a Chapter 13 in 2003, I have several creditors who did not file a claim so they can never come back to me for payment or send me to a CA. I live in Ohio, I'm not sure where you are from but that is how Chpt. 13 works here.

I actually filed a chapter 7.

If you included this debt in your Chpt 7 then the debt was abolished. If it wasn't included then you still owe it and can be turned over to a CA. I know that with my Chpt 13 any creditor who failed to file a claim before my plan was confirmed are out of luck and can never touch me. However, if I choose to leave my chapter 13 prior to discharge then I owe all creditors even the one's I paid and they can all come back after me for the full amount plus interest and collection costs.

I had this happen to me and I filed Chapter 7. Had a creditor try to collect money from me on an account that was discharged through bankruptcy. My lawyer advised me to send a copy of all of my bankruptcy paperwork (i.e. letter showing the date and time of the meeting of creditors, a list of all the creditors that was included in my bankruptcy, my discharge letter that the court sent me showing when my bankruptcy was discharged) to the people who are trying to collect, so that they can note that it was discharged in bankruptcy court. They told me to keep all of my paperwork for AT LEAST 5 years after my discharge for this very reason. Creditos trying to come back and get money out of you, after the debt has been discharged through bankruptcy. Also, I even sent copied to all three credit bureaus so that they could update my credit report.

This account was sold to a third party collection agency as a junk account. Meaning that if you are successfully bullied into paying, it will not serve the original creditor, just the collector's wallet.

But the third party can't legally come after payment can they? Since the debt was listed in a bankruptcy? I thought that was illegal and they could get in trouble for that?

No they can't legally pursue payment. They obviously don't use legal methods in contacting you. After contacing enough of their enemies such as the BBB, FTC, and AG and whichever other government initials apply to debt, they will back off. Or, you can refer them to your lawyer and then we'll see who has the last word.

I'll refer them to my lawyer. When I first entered Chpt 13 and had already been making payments for 3 months, Core Comm shut off my phone for a past due amount that was in my Chpt 13 and they filed their claim. It happened on a Friday night and it was Feb. 2003, we had a really bad snow storm and these jerks did this and they weren't allowed. My attorney went after them first thing on Monday and about an hour later they turned my phone back on and I was calling another company to switch phone services!

Find out who they sold the account to a send thema cease and desist letter explaining the debt was discharged in BK, and you are revelied of any legal responsibility for paying the account. Be sure to include copies of the filing as well as the discharge order from the court.

i filed chapter 13 bankruptcy in march 2003. i completed the payments and it was successfully discharged in 2006. the creditor that had my car loan never filed a claim, but i still do not have the title to the car and it is sitting in my garage and is no longer driveable. what do i do? my atty sd she dsnt knw

Did you pay off the note? I would contact the finance company and find out where the title is, and if they are going to issue it to you.