HellBill » Hell Bill Area: » Bill Collectors » handle a bill collector for a debt that is already discharged in a chapter 13

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  #1 (permalink)
: I had a bill collector send me a bill for a debt that was discharged in my chapter 13 today. The bill was for a cell phone company. In 2007 my case was confirmed but I forgot to add this old cell phone bill after the confirmation. My attorney was able to amend the case to include the cell phone company. The debt was an unsecured one and paid off through my case. My case was successfully discharged last July. I never realized on my credit report that the cell phone company sold the debt to a collection company which is not allowed I believe while in an open bankruptcy. This way I believe that the debt is transferred to another creditor not listed on my case. Which I am not sure is illegal? The collection agency sent me bill today for the old cell phone debt. They must have got my current address from the public records of the bankruptcy case.



So all of this seems illegal to me. Number one trying to collect a debt that has been discharged. Number two selling a debt that is listed on a bankruptcy claim to a collection company while a case is under bankruptcy protection laws. Should I contact my bankruptcy lawyer, trustee, or the court that handled the case? Should I contact the collection agency stating that the debt was discharged? No other creditors have attempted to contact us and I found out this debt is lowering our credit score! Thanks.
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  #2 (permalink)
: I would first contact the collection agency with all the information on your bankruptcy. I would have the docket number, the chapter, and the dates of when it was accepted, discharged, everything like that.

If the collection agency still pursues the account at that point, then your probably going to talk to your bankruptcy attorney. This may cost you extra money from your attorney, but he should be able to figure it out as to why this account is still outstanding or what the next step is.
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