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The U.S. Supreme Court on Tuesday agreed to decide whether people who have filed for bankruptcy can sue companies that attempt to collect debts that was not required to be paid back because of state statutes of limitations.... http://www.courthousenews.com/2016/10/11/debt-collection-dispute-faces-high-court-hearing.htm
I posted this on my original thread but got no replies so I'm trying a new topic. During the BK hearing the trustee latched on to the payment I made to the IRS with cash I had been sitting on in case of emergencies. We got into a mess in 2009, husband lost his job, tiny kids, no cash, etc, credit cards, and I lost a lawsuit in February which is why the BK. So when I inherited a little bit of money in 2012 I just put it in a cashier's check in a safety deposit box and sat on it so I knew we would have cash if necessary. I am filing singly by the way - spouse is not filing. I was honest and told my lawyer about it and he said to get rid of it, so I put some in my IRA and paid our 2013 taxes. My husband is self-employed but not a corporation or anything so we file together and always end up paying every year - lump sum since I'm never organized enough to do estimated payments. The trustee decides that since the taxes are from my husband's business and theoretically I used MY money to pay them, that I am an "injured spouse" and that he is going to make a claim against my husband - this was in an email to my lawyer. This was a couple of weeks ago, and then last week I got my discharge notice, but I know he could still file a claim, right? My lawyer says he is just blowing smoke, since I would have to make the claim first, and the trustee would be second in line to me. And the rules about injured spouses seem to not apply to me since I didn't have a refund coming or anything, and we're not divorcing, splitting assets, etc. Any one have input about such a thing? I'm wanting this all to be over!
A family member received a letter from a JDB that is attempting to collect on an old CC debt that was included in their Ch7 bankruptcy. This is an initial contact with the proper language/disclaimers. Quick rundown - JDB is Jefferson Capital Systems (first I have heard of this particular outfit, possibly related to RJM Acquisitions) - Recently purchased the debt (no date given) - CC Debt, around $2-3K, last paid in 2009 - Discharged in BK CH7 in 2010 I've read the attempt to collect on BK discharged debt may be a violation of FDCPA Section 807: "(2) The false representation of (A) the character, amount, or legal status of any debt." Even if so, not interested in pursuing anything legally, they just don't want to deal with garbage like this, hopes to not have to deal with this debt being sold again & someone creating a trade line over it. What is the best response? I haven't found anything specific for this in the CIC (so far), and only a few related items elsewhere. The recommendation seems to be to send a letter informing the JDB that the account was discharged, to cite the case number of the BK, and instruct them to cease collection efforts. Is this enough? Include any pages from the BK?
I recently got a bill for 2K in ER bills couple months ago, and I JUST received almost $20K in ER for another stay from earlier this month. I plan on talking to patient resources tomorrow, but I want to know all my options and best way to proceed. I definitely do not plan on doing this anymore and am kicking myself for not having health insurance as it would have been much easier to just take care of it that way. Now, whats done is done, i definitely will be more careful. Is this worth declaring BK for? I have been unemployed last two years, and recently got a job. I do not want my employer to find out, I am on a 1099 and create my own business and leads through sales and am just starting to get some traction so i know i can do a good job. However I am already in debt and paying off credit card debt from college, and do not know what to do. any advice would be helpful (btw, I think this is the right forum to be posting on?)