Attorney threatedned to file lawsuit regardles of bankruptcy

Hi dupont24

Welcome to the forums.

Have you included these lenders in your file for bankruptcy? If the debt from these lenders has been discharged, neither can they take any legal actions against you nor will you have to pay them if you have filed for chapter 7.

Regards
Roxette

Hi! I did include them (but under the original payday loan company) as I did not know about the attorney. I just filed on October 14,2005 so nothing has been discharged yet. The attorney is wanting me to send a letter stating that I will pay the outrageous fees 1/2 on Friday and 1/2 in two weeks. My understanding is that I cannot do this since my bankruptcy is still in process. This could cause my bankruptcy to be discharged correct???

Do not send any money otherwise this will affect your bankruptcy filing. Talk to your attorney who is filing your case and let him handle them.

I filed pro se. Can you please advise what I should do?

Many bankruptcy attorneys are still available to take your pro-se bankruptcy. If you are not able to handle the creditors on your own, discuss the details with your lawyer.

Once you have filed for bankruptcy, you have the legal stick available to back off creditors from you. Federal laws prohibit any creditors or CA to contact you once they are sent notice about your filing. They can neither take any actions against you nor can force you to pay any amount on your personal liability for the debts before filing.

If the creditors and collection agencies continue with their actions, sanctions are available to penalize them who ignore the laws.

Bankruptcy is intended to provide consumers witha clean slate. If you had (or have) an attorney advise them immediatly of the situation. In you case you may need to notify the trustee or even the judge of the situation, that the Original Crdeitor placed the account with a collection agency, and that the collection agency refuses to cease collection attempts while the bankruptcy is being evaluated by the bankruptcy court.

This CA is in violation of the laws, and the judge (or trustee) may have other remedies to deal with them. CAn you please advise which agency you are being contacted by?

I am being contacted by what I am told is a law firm out of Houston, Texas. The name is Frederick D. Kelly. They do not have a satisfactory record with the BBB and when I look them up in the yellow pages, a collection agencies name comes up instead (with the same address I was given) I just received another message from the same lady stating I have until 2 pm central time to fax her a promissory note or else. That deadline will have to go as I am not willing to take a chance at being in trouble with a Federal Court Judge because I did such a thing. I am assuming that she is wanting the promissory note because then it is like reaffirming the debt? Does that sound like a correct assumption? I will advise my trustee that this lady is calling and advise him of what she is stating. I appreciate your willingness to help me feel comfortable with this.

dupont24

You might think of recording the phone call of the CA if it is permissible in your state. Do inform them that the call is being recorded so that you can present this evident harassment to your lawyer.

This is clear that the law firm is violating the bankruptcy laws and intimidating you to pay on the said debt. Do not get carried away by their calls even if they threaten you with legal actions. Cover your basis as there is nothing to fear.

Since you filed Pro Se, you should add this firm, agnecy whatever they are to the filing so they can be sent legal notices of the filing and date of the meeting of creditors. This will give you full leverage of the law, and put them at risk of contempot of court.

You said you listed the original creditor, but not them. Though weak, they could claim they were unaware you filed as they never received "official" notification of your filing.

Your trustee or the clerk of the court should be able to tell you how to amend the filing, and possibly notify them officially.

Thank you! I will see what needs to be done to amend my schedules. I got a little peeved yesterday and faxed them the official "notice of filing" that I received from the bankruptcy court. Hopefully that will give me a break.

If the trustee or clerk asks why they weren't listed originally, be honest and explain when you filed you were not aware they had been assigned the account in question, and are seeking to ad them now that they have made their presence known.