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cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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I inadvertently found out on August 20, 2012 that one of my

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I inadvertently found out on August 20, 2012 that one of my customers filed chapter 7 bankruptcy. She filed bankruptcy on February 10, 2012, but she never mentioned the filing and I never received any notice from the bankruptcy court. The account she has with me is not an open account. It is a charged-off debt. She began paying me $50 every two weeks in November, 2011 and has continued payments through the present. She was discharged from bankruptcy on July 9, 2012, but her bankruptcy case is still open because the trustee believes there may be assets to pay creditors. I filed a proof of claim. She has made 3 more payments since I became aware of the bankruptcy. When I asked her why she was paying when she was in a bankruptcy case, she stated that the debt owed was "not part of the bankruptcy". This is a general unsecured, non-priority debt, so I don't know why it wouldn't be part of the bankruptcy.

The debt she owes was not on her bankruptcy schedules. I was not on the Creditor Mailing Matrix until I filed a proof of claim.

What do I do about the payments made from the time she filed bankruptcy to the date I became aware of same? Do I need to alert anyone (e.g. trustee, Court, etc.) about the payments? Is it ok that she has made payments to me since her discharge in 07/2012?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 2 years ago.

cortrightlaw : You definetly should have been listed as you are clearly an unsecured creditor. You have done the right thing by filing a claim and I would leave it at that. Do not contact her or try and collect on the debt as it could be considered a violation of the bankruptcy stay or eventual discharge. The money she has paid you and if she continues to pay you should be fine as long as you are not asking for it. It is post filing and she can chose to pay back some or all of her creditors if she so choses.
Customer:

What about the money she paid after she filed bankruptcy but before I became aware of the bankruptcy?

cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
cortrightlaw and other Bankruptcy Law Specialists are ready to help you
Expert:  cortrightlaw replied 2 years ago.
Sorry about the slow response I have not been on the site for a while. I would not worry about any money that she paid you post petition filing as long as you have not asked for it or demanded it from her.
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
cortrightlaw and other Bankruptcy Law Specialists are ready to help you

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