Post discharge

[sescott]

What is the name of your state? PA

Little background: Filed Ch 7 in March. Discharged in August.
Now, one particular creditor(FUSA/listed on the matrix) has continued to send me monthly statements throughout my proceedings. I had phoned my attorney back in June and was told by one of his office managers, "As long as they do not contact you by phone, just disregard". I also phoned FUSA and was told, "we are aware of your case and are waiting for something from your attorney" (what? lol). To make a long story short, I just received yet another monthly statement from them with the usual late charges, overlimit fees, etc. Is this not a violation of the US Bankruptcy Law? My attorney is basically "out of sight/out of mind" as far as doing anything else with regards to this matter, so I would have to take this upon myself. I am not sure what to do other than to phone FUSA, yet again, to handle this matter properly. Credit report repairs are next!!
Thank you in advance.

 

[kwalla]

Do not deal with FUSA or any creditor for that matter over the phone.

I will let our resident experts decide what your next step should be but in the interim, do not call them.

 

[Ladynred]

FUSA is about as sleazy as they get and they will be your toughest problem in getting them to report your account as "included in bankruptcy".

You bankruptcy and subsequent discharge SEVERS your relationship with FUSA completely. They have NO right to send you any bills/statements and they have NO permissable purpose to pull your credit report.

You need to write FUSA a very stern letter informing them that they are to cease and desist all communication, that their continued collection activity in the form of billing statments, continued addition of ANYTHING to your DEAD account is a violation of the permanent injunction of the discharge. You tell them that if they do not IMMEDIATELY cease and desist, you will file a motion for contempt against them with the bankruptcy court and you will be seek sanctions, fines, and damages.

Send your letter certified, RRR and keep copies of everything. FUSA is going to be a bitch to deal with. I suggest you head over to www.creditboards.com and search for a thread titled "FUSA must be stopped". FUSA is being sued by a woman in Phoenix for their practice in reporting a discharged account as a charge-off with lates post-bankruptcy and for refusing to ACCURATELY report the account as included in bankruptcy.

 

[sescott]

Thank you, Lady! I will definitely send them a C & D type letter. I have been over at creditboards, Christine's site and quite a few others and I know that I may be in for a fight. It amazes me the audacity of some creditor's and their reportings post-bankruptcy. Luckily, I only have a few that I have to correct(not listing as IIB, charge-off AFTER bankruptcy(no-no..lol), re-aging, etc. I have a feeling that I will also have FUSA on a non PP after they receive my C & D

Thank you again for your time. And I will definitely be reading up on the boards mentioned.

 

[bigun]

Attempting to collect debt discharged in Bk is both a violation of the bk code and, an FDCPA violation. You need to see a lawyer that does FDCPA cases.


Description Court refused to dismiss a suit brought by a debtor whose debts had been discharged in bankruptcy. A bank bought a discharged debt and attempted to collect the debt. That may be a violation of both the Fair Debt Collection Practices Act and the Bankruptcy Code.

Topic Consumer Protection
Key Words Fair Debt Collection Practices Act; Bankruptcy; Discharged Debt
C A S E S U M M A R Y
Facts Wagner filed Chapter 7 bankruptcy and received a discharge of her debts in 1997. Among the debts discharged was a note secured by a mortgage of real property. After the discharge, the note and mortgage were assigned to Ocwen, which is in the business of buying and collecting defaulted debts. Ocwen attempted to collect the discharged debt from Wagner. She sued, claiming violation of the Fair Debt Collection Practices Act for attempting to collect money from her that she did not owe. Ocwen moved to have the claim dismissed, contending that her only remedy would be under the Bankruptcy Code.
Decision Motion denied. Since Wagner's debts had been discharged, she was not a debtor to Ocwen, who attempted to collect money from her. Ocwen's claim that only the Bankruptcy Code, but not the Fair Debt Collection Practices Act, could apply is incorrect. Both laws can be violated at the same time. Ocwen could be found in contempt of the Bankruptcy Code and in violation of the FDCPA. "Wagner's FDCPA claim, at its foundation, is no different from that of any other debtor who is dunned by a creditor who in fact is not owed any money; the fact that her debt was discharged in bankruptcy does not logically differentiate her case from that of a debtor whose debt was discharged in some other way."
Citation Wagner v. Ocwen Federal Bank, FSB, 2000 WL 1382222 (N.D. Ill., 2000)
The following case {and very recent} says no knowledge of the bk is not an excuse.

http://caselaw.lp.findlaw.com/data2/circs/7th/023511p.pdf