Received Collection Letter 11 months Post Ch 7 Discharge

[zipideedooda]

What is the name of your state? OH

Does anyone have a sample letter to send these nitwits so they will stop collection attempts?

 

[Ladynred]

If you're 100% certain they were included on your creditor matrix, its not all that hard. You send a copy of your creditor matrix with their entry highlighted in some manner. Then you send a copy of your discharge papers, showing the date, and case number and the court.

You remind them that they are violating the permanent injunction of your bankruptcy discharge - Title 11 CHAPTER 5 SUBCHAPTER II § 524. Tell them that if they do not IMMEDIATELY cease and desist ALL collection activities, including any entries to your credit reports, you will file a Motion for Contempt and Request for Sanctions against them with the Bankruptcy court.

Send the letter certified, RRR, and wait for your green card back, keep copies of all letters you get from them. It SHOULD be all you need to make them go away. In order to actually go after them you would have to re-open your BK case, but its doubtful it would ever get that far. You can get damages, court costs and attorneys' fees from them if you do.

(a) A discharge in a case under this title—
(1) voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived;
(2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived; and
(3) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect or recover from, or offset against, property of the debtor of the kind specified in section 541 (a)(2) of this title that is acquired after the commencement of the case, on account of any allowable community claim, except a community claim that is excepted from discharge under section 523, 1228 (a)(1), or 1328 (a)(1) [1] of this title, or that would be so excepted, determined in accordance with the provisions of sections 523 (c) and 523 (d) of this title, in a case concerning the debtor’s spouse commenced on the date of the filing of the petition in the case concerning the debtor, whether or not discharge of the debt based on such community claim is waived.