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    tdejournett's Avatar
    tdejournett Posts: 2, Reputation: 1
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    #1

    May 10, 2012, 01:10 PM
    Creditor still calling after filing bankruptcy.
    I had a small work at home business (making and selling on ebay) and I closed the business at the end of last year. There are no business assets. However I did have a small credit card that was listed under the business name with me being the business owner.
    Since December I have retired, early retirement because of medial problems, and have filed Chapter 7 Bankruptcy.

    The credit card company is still calling me and keeps raising the amount due on the card because of Late Payments, Interest, etc.

    My only source of income is Social Security. What can I do?

    Terry
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    May 10, 2012, 01:35 PM
    Was this creditor on your filing?
    Is the bankruptcy final?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 10, 2012, 02:14 PM
    They are in violation of Bankruptcy laws if:

    You filed and they were listed.
    They were notified of the bankruptcy, if this is a collection agency or someone who bought the debt and does not know

    But if they still are calling, have your attorney notify them and if they do not stop file in court for them to be fined or other penalties.

    But you notify them again, in writing, include the bankruptcy case number and if final a copy of the discharge
    tdejournett's Avatar
    tdejournett Posts: 2, Reputation: 1
    New Member
     
    #4

    May 10, 2012, 03:17 PM
    Yes, they were listed on the list of creditors. I went to bankruptcy court and had my hearing about a month ago. It has not been discharged yet.

    The creditor is telling me that because it was listed under the business name that my personal bankruptcy does not count.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #5

    May 11, 2012, 07:15 AM
    Hello td:

    Under the FCRA, you have the right to STOP your creditors from contacting you in ANY way. Invoke this right by sending them a certified letter telling them that exact thing. Send it return receipt requested, and send a copy to the bankruptcy judge.

    excon
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    May 11, 2012, 09:05 AM
    Quote Originally Posted by tdejournett View Post
    ... The creditor is telling me that because it was listed under the business name that my personal bankruptcy does not count.
    Shear unadulterated 100% grade-A pure BS.

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