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Hello,
My chapter 7 bankruptcy was discharged on 8/8/06. I just received a letter from a collections agency creditor trying to get $300 from an old cash advance which I guess was from 3/01/05. I believe that cash advances are included in the discharge if below $750 and if they were not received 70 days before the filing date. So if this specific cash advance collections belongs in my discharge, how do I go about getting rid of it?
Please help!!
Thanks,
Justin
Quote:
Originally Posted by dincubus22
Check your schedule of creditors that appear in your bankruptcy papers to see if this creditor is listed. If they are, inform them that the debt was discharged by a Federal bankruptcy court, give them the case number, and tell them that you will pursue legal action if they do not cease and desist.
I have had attorneys tell me about creditors that will attempt to collect debts after discharge. Some people actually fall for this scam.
If they are not specifically listed, contact your BK attorney to find out what the law allows.
Disclaimer: I am not an attorney. This is my opinion based on personal experience. You should always seek legal advice from a local source.
Normally a creditor has to be listed with account numbers and amount owed, they are then contacted by the court when you file and given a chance to challenge the filing and to be represented in the hearing. They are also notified when the bankruptcy is discharged.
I know when most people file, they have to list every debt even the small ones. So check your paper word and see if you did list them.
If they are not listed, you need to contact your attorney as to how your state handles those situations.
They will try to get you to reaffirm the debt so that they can try to collect on it.
Give them the bankruptcy case #, and don't speak to them again.
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