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Creditors still calling after discharge

Date: Fri, 12/18/2009 - 15:40
Submitted by amyw2003 on Fri, 12/18/2009 - 15:40
Posts: 109
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I dont know what to do. My chapter 7 bankruptcy was discharged on 12/03/09. i got a call today from some attorneys office that represents paydayloanyes.com. They were included on my bankruptcy and i thought that they were discharged as well. While the attorney or whoever he was wasnt mean or anything, he asked for my attorneys info and told me that that debt wasnt dischargable. He said it was returned check fees because when i filed, i closed my bank account and they couldnt draft anything else...is this something to worry about? :confused: i know that they are unlicensed in alabama and they have been very abusive and ugly towards me before i filed...but i dnt want to get in trouble if i still owe them. any thought or experience to share with me would be appriciated. thank you for reading


As always, they're trying to "scare" you into paying. Even returned checks are dischargeable in bankruptcy. If you want to tell him what's up, then tell him if he feels it was not dischargeable, legally he should have filed a motion to determine dischargeablilty and/or an adversary proceeding in the BK court. When a BK judge decides it not dischargeable, then you'd have to pay it back. Since they didn't file any motions in the BK court, SOL for them -- when your BK got discharged, so did their debt.

Tell him that if they persist, that their actions are in violation of BK laws, and you can seek sanctions with the BK court against them, which may include criminal charges.


Submitted by DebtCruncher on Fri, 12/18/2009 - 17:40

DebtCruncher

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Get name and number and time that they call and contact you BK lawyer. They can sue them for being in violation if you have the call log even better. Cingular wireless contacted me twice by mail and my lawyer demanded a settlement or law suit, well cingular sent me 1500 to keep from suing them and the funny part is I owed them 1200. LOL


Submitted by mgrimesii on Sat, 01/09/2010 - 07:39

mgrimesii

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