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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
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Experience:  B.A.; M.B.A.; J.D.
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I took out a payday loan online and the next day my husband

Customer Question

I took out a payday loan online and the next day my husband was fired from his job. I had several loans and was not able to pay these loans with only my income. I was already in the final year of Chapter 13 bankruptcy (I know I was not allowed to take on additional debt..but I did not have a choice). My bankruptcy attorney filed on 1/18/12 for conversion of chpt 13 to chpt 7 and included all my payday loans. I just received the official court document for the conversion being excepted. Today I received a call from a "processor" who wanted to verify my address to serve me. I contacted the complany that was filing the charges and was told I was being charged for "breach of contract and bank fraud" I assured this person I contacted Alpine Direct as soon as I was told my husband lost his job and I emailed them the specifics of the bankruptcy filing with my attorneys name and phone number. I never heard from them again. What should I do? Can these charges be valid?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 2 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.



Question: I took out a payday loan online and the next day my husband was fired from his job. I had several loans and was not able to pay these loans with only my income. I was already in the final year of Chapter 13 bankruptcy (I know I was not allowed to take on additional debt..but I did not have a choice). My bankruptcy attorney filed on 1/18/12 for conversion of chpt 13 to chpt 7 and included all my payday loans. I just received the official court document for the conversion being excepted. Today I received a call from a "processor" who wanted to verify my address to serve me. I contacted the complany that was filing the charges and was told I was being charged for "breach of contract and bank fraud" I assured this person I contacted Alpine Direct as soon as I was told my husband lost his job and I emailed them the specifics of the bankruptcy filing with my attorneys name and phone number. I never heard from them again. What should I do?

Response 1
: What you have already done: give your bankruptcy attorney all the information that you receive from the creditor or its collector. Do NOT make any deals with the creditor/collector. Refer all matters to your bankruptcy attorney.

Can these charges be valid?

Response 2: No. This is a collection tactic that is made to intimidate you. They should not be contacting you about serving you with papers unless they are planning to file objection to the dischargeability of the debts. I strongly doubt it. In any event, your bankruptcy attorney is more than capable to handle the objections. Just give all information to the bankruptcy attorney. More importantly, if they send you a collection letter or file any lawsuit in the State Court for the collection of the debt, that would be a violation of the Bankruptcy Code's Automatic Stay and your bankruptcy attorney should file Complaint against them in the Bankruptcy Court for willful violation of the Automatic Stay and for sanctions.

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Phillips Esq.
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B.A.; M.B.A.; J.D.