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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 06-16-2003, 11:47 AM
happynow
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Angry

Stop creditors calls


I live in Indiana and filed chapter7 a little over a year ago. All debt listed was discharged with no problems, but I am still recieving letters and phone calls from those creditors. Is there something I can do to stop them from calling?
  #2  
Old 06-16-2003, 01:14 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Most definitely ! Write each of them a letter reminding them of their inclusion in your bankruptcy and of your discharge. Include your BK case number and a copy of your discharge. You also tell them in this letter that if they do not immediately CEASE AND DESIST all collection activities on these discharged debts that you will file a Motion For Contempt and request for fines and sanctions with the bankruptcy court and they will then have to deal with the Bankruptcy court if they persist !! They are violating the injunction of the discharge and they need to be slapped upside the head with a baseball bat.

So.. wield your bat.. write the letters and send them certified mail, RRR. If you get any more collection attempts after you get the green card back, you should be prepared to go forward with your Motion. This is serious business.. and they know it !!
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"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 06-16-2003, 01:23 PM
happynow
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TY Ladynred,
I thought bankrupcy was humiliating enough, and I would be able to answer the phone again...boy was I wrong!!
  #4  
Old 06-16-2003, 01:46 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
No, when you think about it you were right, its these collection agencies that are DEAD WRONG !!!
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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