ramspeedkill Posted September 5, 2012 Report Share Posted September 5, 2012 does anyone have sample letter to send creditors/lawyers regarding on this? Link to comment Share on other sites More sharing options...
WhoCares1000 Posted September 5, 2012 Report Share Posted September 5, 2012 Dear Creditor,This debt is part of a Chapter 7 case filing. The case number is BK-##### in the <District Court Name> District Federal Bankruptcy Courts. Please do not contact me again.DebtorIf you have an attorney for the BK, you can add the attorney contact information as another sentence in the letter. Link to comment Share on other sites More sharing options...
antiquedave Posted September 5, 2012 Report Share Posted September 5, 2012 Dear Creditor,This debt is part of a Chapter 7 case filing. The case number is BK-##### in the <District Court Name> District Federal Bankruptcy Courts. Please do not contact me again.DebtorIf you have an attorney for the BK, you can add the attorney contact information as another sentence in the letter.and CC a copy to your attorney Link to comment Share on other sites More sharing options...
ramspeedkill Posted September 5, 2012 Author Report Share Posted September 5, 2012 it was done pro-se. i guess ill make it shortty Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted September 5, 2012 Report Share Posted September 5, 2012 I would use WhoCares letter and exchange Please do not contact me again for You are required to cease all collection activity at this time. Link to comment Share on other sites More sharing options...
ramspeedkill Posted September 5, 2012 Author Report Share Posted September 5, 2012 I would use WhoCares letter and exchange Please do not contact me again for You are required to cease all collection activity at this time.i guess mailing via cmrrr is the way? Link to comment Share on other sites More sharing options...
Denita Posted September 5, 2012 Report Share Posted September 5, 2012 Did you file already or are you gathering your paperwork to file?If you have not yet filed, they can continue to send you letters (unless you have sent them a cease communications letter previously). If you have filed and sent out the Suggestion of Bankruptcy form, then natually they are violating the automatic stay. Where are you in the process? Link to comment Share on other sites More sharing options...
ramspeedkill Posted September 5, 2012 Author Report Share Posted September 5, 2012 Did you file already or are you gathering your paperwork to file?If you have not yet filed, they can continue to send you letters (unless you have sent them a cease communications letter previously). If you have filed and sent out the Suggestion of Bankruptcy form, then natually they are violating the automatic stay. Where are you in the process?Filed on 7/3, already finished with trustee meeting, also finished online 50-30-20 and filed to court about 2-3 weeks ago. Link to comment Share on other sites More sharing options...
Denita Posted September 5, 2012 Report Share Posted September 5, 2012 Wow...can't you bring this up with the BK judge as a violation of the automatic stay?Keep an eye out for contacts after your discharge too....it could get you some funds for violating. If they are violating now, imagine how bad it will be when you are discharged! *ca-ching* Link to comment Share on other sites More sharing options...
WhoCares1000 Posted September 6, 2012 Report Share Posted September 6, 2012 He could but it could be possible that this agency was not informed of the BK because the debt was sold as the debtor filed. I ran into the same thing and called them and told them it was a BK 7 case and they stopped all activity.I am for giving notice the first time there is a violation and then if they do not violate again, letting them be. If they do violate again, then I can prove a willful violation because I can prove they were informed that their actions were a violation.Then again, by the time I get in front of a judge, I want to be in the position where I am explaining to the court that I have done everything I can and that the other side still will not follow the rules, I therefore now need the judge to make them follow the rules because I cannot do so. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted September 6, 2012 Report Share Posted September 6, 2012 Wow...can't you bring this up with the BK judge as a violation of the automatic stay?You really gotta give the company notice the first time. If you bring it up to the BK judge before sending them a notice, the judge will just say send them a notice of the BK and if they continue to contact you come back for further Court intervention.Its important to remember that a lot of the time the defendant is the one providing the address for the creditors. I have had some of my fees included in a BK 7 before and I have been baffled as to where some people come up with addresses that they had for me. Link to comment Share on other sites More sharing options...
WhoCares1000 Posted September 6, 2012 Report Share Posted September 6, 2012 This I find interesting. There are many posts here that discuss judgements being granted without being served and outrage that this can happen.Now here, we want to punish someone for not being served notice of the BK (no matter why that happened but there are more loopholes that would cause a creditor to not know about the BK than there are for civil court service).To me that is not right and I agree with USC that a BK judge would say the same thing. That is why I think it is better to give notice first, and then if the creditor continues, then go for the violation. It is what is right and fair for both sides. Link to comment Share on other sites More sharing options...
ramspeedkill Posted September 6, 2012 Author Report Share Posted September 6, 2012 This I find interesting. There are many posts here that discuss judgements being granted without being served and outrage that this can happen.Now here, we want to punish someone for not being served notice of the BK (no matter why that happened but there are more loopholes that would cause a creditor to not know about the BK than there are for civil court service).To me that is not right and I agree with USC that a BK judge would say the same thing. That is why I think it is better to give notice first, and then if the creditor continues, then go for the violation. It is what is right and fair for both sides.Thank you all for inputs, can i just mail regular or is it best to send via cmrrr so that when they do send/contact 2nd time i have proof of sending them cease and desist letter? Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted September 6, 2012 Report Share Posted September 6, 2012 Regular mail should suffice. Keep a copy of the letter and a copy of the front of the envelope with the postage and address. That will be more than enough proof that you sent it. Link to comment Share on other sites More sharing options...
WhoCares1000 Posted September 6, 2012 Report Share Posted September 6, 2012 I would send it CMRRR myself just for the proof that they did receive the letter and were notified. Link to comment Share on other sites More sharing options...
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