Tim
Grand Haven,#2Consumer Comment
Mon, October 19, 2009
This report has some dust on it, so I don't even know if this is relevant anymore.
The remarks by "anonymous" are pretty much accurate. If the Chapter 7 was dismissed without discharge, then the debt is still collectable.
HOWEVER, if you received a discharge, and assuming that this creditor, or one of their predecessors was on the mailing matrix, you have stated a violation of the bankruptcy code.
So, if they are still trying to collect, I would NOT advise a cease and desist letter. Rather, I would send them a copy of your discharge order, together with a letter that any further attempts at collection will be treated as a violation of the Bankruptcy Code, U.S. Code Title 18, and any and all other applicable state and federal laws.
If, after receiving such letter, they continue collection efforts, I would either use your original bankruptcy attorney, or find another attorney who is versed in bankruptcy law, and file a complaint with the bankruptcy court.
Best of luck!
anonymous
Washington,#3Consumer Suggestion
Sun, October 18, 2009
I've done collections for the past 10 years. If they are calling you and you just filed for a Chpt.7 then have your attorney file a cease and desist. But if you retained an atty and the Chpt.7 hasn't been filed, they can still contact you. But if you filed a Chpt.7 it may have been dismissed and that gives them right to collect the debt. Just like if your chpt.7 was dimissed and you still refuse to pay and your debt is still within statue of limitations they can pursue other action to collect the debt. You should look up the statue of limitations for the state you live in and the type of debt it is whether its oral or contract.