Author Topic: bankruptcy not reporting correctly and creditors ignoring me  (Read 2239 times)

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CleaningUp

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Re: bankruptcy not reporting correctly and creditors ignoring me
« Reply #15 on: August 14, 2016 07:52:10 PM »
Your situation is complicated by the fact that after declaring bankruptcy, a financial line in the sand, you continued their service, however short that period might be, thereby creating NEW RELATIONSHIP and a NEW LIAIBILITY on your post-bankruptcy estate.


Clydesmom66

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Re: bankruptcy not reporting correctly and creditors ignoring me
« Reply #16 on: August 14, 2016 09:42:59 PM »
I did tell my attorney I wanted to cancel them, which is why he included them in the filing.

Telling your attorney does not cancel the service.  That is NOT what a BK attorney does.  All he did was include them in the filing. It was YOUR job as the consumer to notify them that you filed and were cancelling the service.  PERIOD.  All the warped logic you attempt is not going to change that fact neither is arguing about it incessantly.

I also immediately switched providers to time warner cable. 

Still does nothing to tell the other providers you are cancelling service with them.  What you intended to do and what you actually accomplished are two entirely different things.
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

bdrew6

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Re: bankruptcy not reporting correctly and creditors ignoring me
« Reply #17 on: August 14, 2016 09:46:15 PM »
Your situation is complicated by the fact that after declaring bankruptcy, a financial line in the sand, you continued their service, however short that period might be, thereby creating NEW RELATIONSHIP and a NEW LIAIBILITY on your post-bankruptcy estate.

Could not have said it better.

While your attorney listed them on the filing; that does not matter, by law he would have to list every debt you have.  If you wanted to discharge/reaffirm or not.

This is were you have the issue.  Heres an example: I loan you a book and say keep it for as long as you need it but for each day please pay me 10 dollars.  You file BK after 5 days and list me as a creditor.  After 20 days you return the book.  You still owe me for the time you used my assets post petition.

Just because you filed BK does not affect future debts.  If you file BK and still retain all the companies EQ for almost two months I think the company is in the right to assume you defacto agreed to continue using their service.

I agree you should not have had to do anything else, I think your attorney did a crappy job, a good attorney would have told you to cancel the service before filing BK to avoid this very issue.

Now to solve this issue.  DID YOU RETURN THE EQ?  If not do it and get a receipt, if you already did how long did you have it?  Its better for you if you had it for two weeks vs two months.  Then I would suggest  what kevinmanheim said and file arb.  They wont fight in AAA over a max 600 dollar bill.
(Pro se) BK chap 7 {discharged}
(Pro se) 3 TCPA  {2 settled, 1 win (Federal)}
(Pro se) 1 FDCPA {1 settled}
(pro se) 1 AAA Arbitration {1 settled}

jnb1111

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Re: bankruptcy not reporting correctly and creditors ignoring me
« Reply #18 on: August 14, 2016 10:37:02 PM »
Bdrew-- Yes, it was returned but they don't have a local office, so I had to mail it in the return box they sent me. It was probably around a month post filing before they sent me the box and i scheduled it for a pickup.
Is it worth filing arb and paying the $200 arb fee for an amount not much higher, or should I just pay the amount since bankruptcy clearly doesn't mean what it's supposed to mean. Am I liable for early term fee? 

Clydesmom--  it's not warped logic. It seems reasonable to me, as someone who's not filed before. 
« Last Edit: August 14, 2016 10:54:32 PM by jnb1111 »

CleaningUp

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Re: bankruptcy not reporting correctly and creditors ignoring me
« Reply #19 on: August 14, 2016 10:55:12 PM »
That's fine as along as you are talking about the estate that is in bankruptcy.

You could very well be talking about the liability in your post-bankruptcy estate...Which is TOTALLY independent of the one that is addressed by filing with the Court.

As for being liable for an early termination assessment?  Yea, quite possibly.  Again, because you used it for about a month post-filing, they could argue that you are subject to early termination.

And don't blame it all on your BK attorney.  You're not paying him to protect your post-bankruptcy estate which has nothing to do with the Court.


bdrew6

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Re: bankruptcy not reporting correctly and creditors ignoring me
« Reply #20 on: August 15, 2016 05:36:18 AM »
Jnb, thank you for expanding on the issue. 

While yes, I was giving you a hard time about the time frame (failure to mitigate) I can apply the same thing to them as well.

If you notified them shortly after filing that you do not want to retain service and please come get the EQ and it takes them over a month to mail you a box and then bill you...  Yea, thats not ok. 

You can go the arb route, I have not read there contract, sometimes it states that they would pay the 250 for consumer arb. 

I personally if I was in your shoes, would look up their general counsels office and call them.  I would explain rather forcefully that I have filled bk, expressed my wishes to terminate with the CSR's on multiple times, waited for your company to reclaim their EQ and returned said EQ once I received instructions to do so, but them was billed for their errors in time.  I would follow that phone call up with a fax to their same office with a summary of the phone call and a expression that if this matter is not corrected I would move the BK court to reopen so I could file a ad pro for a violation of the discharge injunction and a declaration of dischargabilty.     
(Pro se) BK chap 7 {discharged}
(Pro se) 3 TCPA  {2 settled, 1 win (Federal)}
(Pro se) 1 FDCPA {1 settled}
(pro se) 1 AAA Arbitration {1 settled}

 

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