0
When filing bankruptcy do you list the original creditors or the collection agencies?
Wiki User
∙ 8y ago
You will list on the petition the actual names of the creditors not the collection agencies. After you file your petition you will give your docket number to any of the creditors or the collection agencies who are trying to collect monies for the creditors listed on the petition when they call you or send their demand letters. Please be very careful to include ALL the creditors you wish to declare bankruptcy on. Once you file your petition you cannot add creditors later.
You can actually amend your BK Schedules anytime prior to discharge, so if you forget someone, its not too late. However, you will have to mail the notices of Commencement of Chapter 7 yourself and will be responsible for renoticing the creditors if notices are returned due to a dead address or forwarding expiration.
I recommend listing both the collection and the original creditor. The collection agency may have purchases the debt and be more than a collection agency at that point. Also, listing the collection agency means that that they will be notified of the automatic stay directly by the court and the phone calls will stop sooner. Regardless of what you do, remember that the new law that goes into effect in October 2005 requires you to list the original creditor at the address on your statements.
I am a bankruptcy attorney and I always list both the original creditor and the collection agency or attorney representing the original creditor so that the creditor cannot later complain that they did not receive proper notice of the bankruptcy. I always pull a fresh credit report from all 3 bureaus on the date the petition is filed so that I don't miss any creditors who may have bought an account or that are representing a creditor in some way.
Wiki User
∙ 8y ago
Wiki User
∙ 17y agoOn the appropriate schedules included in the BK kit. For example, creditors holding unsecured priority debts and creditors holding unsecured nonpriority debts are listed on different schedules. Likewise, executory contracts and leases on another schedule and so forth. The designation for each type of schedule may differ somewhat when the BK is a state filing. All instructions and forms should be included in the BK kit. Having said that, a far better choice is to retain a qualified BK attorney. Not advertising, just stating a fact.
Wiki User
∙ 14y agoYou had to give a list to the court. If you did not have an attorney and did not make a copy of Schedules D, E and F or the matrix, you can get a copy from the clerk's office or from the place in your state where they store old bankruptcy files.
Add your answer:
Earn +20 pts
Why original creditors sale accounts to a collection agency?
Original creditors sale their accounts to collection agencies when the account has been past due and they have not effectively collected. At that time, the original creditor will charge off the balance from their accounts receivable and turn the account over to a collection agency. When the collection agency collects the debt, a portion of the amount received is paid the the collection agency and the remainder is returned to the original creditor as profit.
Can you negotiate a credit card settlemnt?
It's certainly worth a try. Many collection agencies are open for negotiation, but usually on their terms. Original creditors will not negotiate!
If your credit cards are in collections do you have to report the name and address of the credit card company or the collection agency that has taken over the account when filing bk?
The new bankruptcy law requires that you list the original credit. However, I recommend reporting both. It doesn't cost you any extra money because the bankruptcy court mails out the notices and the harassing phone clals will stop sooner if you notify the collection agencies as well as the creditors.
How do collection agencys find your work number if not on record?
Collection agencies buy defaulted accounts from original creditors. The original creditor supplies all the information to the collectors that was obtained upon the opening of the account. (Name, SSN, place of employment, etc.).
How do collection agencies get addresses?
Collection agencies have a couple of ways to get your address. They can either get your original address from the original creditor or by skip tracing.
What are Arizona's laws concerning original creditors collection agencies third party collectors lawsuits bankruptcy and SOL?
Wow! I am afraid that would take a considerable length of time to impart all that info. In general original creditors do not have to follow the FDCPA when pursuing collections (but they usually do).All other collection agencies do have to adhere to the FDCPA. Only attorneys can initiate lawsuits. Federal BK statutes apply in Arizona, but there are state exemptions which can also be used (simplified explanation). The SOL is 3 years on credit card debt. You may want to consult www.azleg.state.az.us for more info. Or email me if I can be of any further help.
What should you do if you have two different credit card companies with collectors calling you night and day threatening to pursue legal actions?
One option is to send the creditors/collection agencies a cease-and-desist letter. It should be sent by certified mail. After it is received, the collector must stop contacting the requesting party. This action does not pertain to the original creditor--only collection agencies. OCs do not have to follow the FDCPA. The party involved also has the option of having an attorney remit letters to creditors explaining the debtor's situation. Once a creditor or collector has been notified that legal counsel has been obtained, they can only contact the debtor with the debtor's permission. This option does apply to both original creditors and third-party collection agencies.
How long will it be until unsecured creditors contact you after your chapter 13 is dismissed?
There is no definite answer as creditors establish their individual collection procedures, it might also depend upon whether it is the original creditor or a collection agency.
What are the alternatives to filing for bankruptcy?
One option to avoid filing bankruptcy is to simply do nothing. If one has no income and no assets, they are considered "judgement proof" and typically creditors will not file legal action against them as there is nothing for the creditors to recover. Other alternatives include informal or formal negotiations with one's creditors, consolidating debt, or restructuring debt (essentially refinancing the original loan).
What are the alternatives to filing bankruptcy?
One option to avoid filing bankruptcy is to simply do nothing. If one has no income and no assets, they are considered "judgement proof" and typically creditors will not file legal action against them as there is nothing for the creditors to recover. Other alternatives include informal or formal negotiations with one's creditors, consolidating debt, or restructuring debt (essentially refinancing the original loan).
Is it legal for a collection agency to try to collect on a debt that was released in bankruptcy and then sold to the collection agency by the original creditor bank?
Legal or not, this happens every day. Inform the collection agency and the original lender that this was included in the bankruptcy. The collection agency may want to see proof but usually the original lender will call and request that - that particular account be sent back. Make sure you get something in writing from the original lender--and that the collection agency REMOVES their account off your credit report--check your report 3 to 6 months later, to make sure this has been done. If you don't want to wait--send a copy of the signed letter on the lender's letterhead to all 3 collection agencies and wait for their response. Even though it will take about 30 days--this is the quickest way.
How do you keep creditors and lawyers and collection agencies from continually viewing information on your credit report without your permission?
Consumers (although some do not realize it) authorize the creditor and agencies and legal representatives acting on the creditor's behalf to access their credit report when they sign the original account agreement. It is perfectly legal and there is nothing the debtor can do to prevent the action.
