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What should I do if I continue to receive bills or collection letters after the case is filed?


The first thing which you should do when you receive a bill or notice after your case has been filed is to check the copy of Schedules D (Secured Creditors), E (Priority Creditors) and F (Unsecured Creditors) which were mailed to you at the time that your case was filed.

 

If the creditor is not listed, you should immediately contact our office to see about amending your schedules and modifying your plan to include this creditor.  To add a missed creditor, you will have to pay the modification charge, a court filing fee, and a mailing charge.  See the schedule on your fee agreement for the fees.

 

You may not get a discharge for debt you do not list in time for the creditor to file a Proof of Claim. The deadline for most creditors to file a claim is 60 days after your creditor's meeting, but there may be no deadline set in a no-asset Chapter 7 case.  The Notice of Commencement of Case mailed to you by the court will also specify the deadline for creditors to file their claims.

 

If the creditor was listed, it is very likely that the bankruptcy notice has not been forwarded to the proper department of the creditor. We have found that the quickest and easiest method to stop these notices is to make a note directly on the bill or notice in bold or red letters such as:

 

Chapter [7 or 13] Bankruptcy case number [case number] filed [date filed]; this notice returned to creditor on [date notice returned].

 

Make a copy of the bill or notice with your notation for your records and return the bill or notice to the creditor.  It is preferable to return the notice to the address given for correspondence rather than the address for payments.

 

If you prefer, you may have our office forward a letter to the creditor demanding that the collection activities be ceased. If you wish this done, please forward a copy of the bill or collection notice to us with attorney's fee for a letter.  See the schedule on your fee agreement for the fee.