Communications with Creditor

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Communications with Creditor
« on: September 02, 2014, 06:31:39 PM »

Currently into second month of Bankruptcy and I am still having calls from one Creditor ( Secured with Vehicle ) .  We have requested they come pick up vehicle , they still have not . I have had at least 5 different calls with them explaining the Bankruptcy as well  asking when they will pick up vehicle . Each time the person on the phone states Oh we were  unaware and they were calling looking for payment , then Oh after a few minutes into my explanation there are all the notes Or they say they have not gotten necessary paperwork from Trustee ( releasing interest in vehicle )  They have been given this information at least three times via FAX and Or Mail . My questions / concern are

Is the Trustee not suppose to communicate with them so  that the calls stop ?When is enough enough in regards to the calls ? They clearly have all they need to pick up vehicle .

The last call I received today I told the person calling that they needed to get their shit together as I had to explain the entire situation yet again , the person on the phone told me profanity was not necessary..I hung up .

I am sure this may come across as whining , but I  thought the calls would stop and or the trustee would  deal with the creditors secured or not .

Any advise or suggestions ???




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Re: Communications with Creditor
« Reply #1 on: September 02, 2014, 08:14:43 PM »
If the calls are coming from a collection company, the issue could be between the collection agency, the trustee and the creditor. It's possible that the trustee has notified the creditor, but it hasn't gone to the collection company itself. If you've been dealing with the company directly, you may be able to talk to someone at the dealership i.e. if it's a GM car, you may be able to get some help deally with Ally, since (I think) the dealership staff have lots of interaction with them.

The trustee is required to send notice to all creditors within 5 days of filing as per Section 102. I don't think that there's any difference between secured creditors and unsecured creditors in this respect.

My suggestions are:

1) Talk to someone at your trustee's office. They may be able to advise. If you've been dealing with a collection company, give the trustee's office the creditor's information so that they can send out a creditors' package.

2) Talk to the dealership, if applicable.


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