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dequeendistress

Senior Member
What is the name of your state? arkansas

What does the law say about a letter from a collection agency...let's call them "Guillotine" Inc. on the behalf of "Undiscovered". The person receiving the letter filed bankruptcy, chapter 13 in December 2002, went to court in early 2003 and NO unsecured creditors filed within the specified period of time. "Undiscovered" was listed in the bankruptcy as an unsecured debt, they did NOT file anything.

In this letter from "Guillotine" they state the person who filed owes $9,000 plus and they are preparing suit...sweet..."dude, you're getting a suit" Anyway, upon further examination, the amount owed to "undiscovered" was about $8,000 at the time it was filed upon. The account number is the same as what was filed upon.
In addition after a very unpleasant call to "Guillotine" they basically will settle for the $9,000 or a head in a basket. This is AFTER it was explained to them this was in the bankruptcy proceedings which transpired first quarter of 2003. After a discussion with a very uninterested paralegal from the law firm that handled the case, poorly I add, the paralegal suggests to send a copy of the bankruptcy to the headhunters...What is "proper procedure" I have little confidence in anyone these days.
 


Ladynred

Senior Member
Proper Procedure ?? They are violating the Automatic Stay !!! Turn the matter over to your BK attorney and let him/her handle these law-breaking scumbags ! All you need to do is give "Guillotine" your bankruptcy case number and the contact info for your lawyer and be done with them !! Remind them that they ARE violating FEDERAL LAW - the automatic stay - in even contacting you to collect this debt in any way, shape or form.
 

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