Ok guys, I declared bankruptcy (ch.7) in October of 06, I totally forgot that 3 bills that I have filed, I started sending payments like in December, I looked on my bankruptcy filing papers and got so mad! So basically, I have been sending payments and didn't have to...what do I do now? Do I get a refund or when they send more invoices just send discharge papers to them to let them know, or call ? What to do???
2007-01-28 00:31:49 · 5 answers · asked by MadameJazzy 4 in Business & Finance ➔ Other - Business & Finance
DisneyMom is correct, they violated the automatic stay and discharge injunction by continuing to collect a debt after you filed for bankruptcy and received your discharge.
If you want to be nice, send the creditor a letter certified mail demanding a refund and let them know they violated 11 USC §362 for failure to stop sending bills after your filing, also let them know they violated 11 USC §727 for collecting a debt that has been discharged. Give them a time line to respond to (30 days) and let them know if they do not you will contact your attorney, then they would have to pay attorney fees, court costs plus damages.
2007-01-30 04:25:46 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I'm a bankruptcy attorney in California. While failure to list a debt in your case is usually grounds for a denial of a discharge as to that that debt, this is not always the case. In some areas of the country, including states in the 9th Circuit, debts are nonetheless discharged if your Chapter 7 was a "no asset" case.
You should see a local bankruptcy attorney. If you reside in the 9th Circuit or a Circuit that follows the rules outlined above, your debts may nonetheless be discharged. There still may also be time to reopen the bankruptcy and add in the creditors that you missed.
All is not lost, but consult a local bankruptcy attorney ASAP.
2007-01-30 22:34:00 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
Creditors are not prevented from taking money you offer. However, if you sent the money based on statements or other collection action they took after the date of filing, they have violated the automatic stay that went into effect on your date of filing. Their contact with you violated federal law, preventing them from further collection action. You may have some recourse, especially a refund of what you paid, possibly more. Contact your attorney for further information.
2007-01-28 21:55:30 · answer #3 · answered by DisneyMom92 2 · 1⤊ 0⤋
Call the lawyer you filed bankruptcy with..
2007-01-28 08:41:11 · answer #4 · answered by bbsmokoloko 3 · 0⤊ 0⤋
In NY they HAVE to refund you if it was after the date you filed. Your lawyer should take care of it.
2007-01-28 08:37:58 · answer #5 · answered by the agent 1 · 0⤊ 0⤋