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Due to bankruptcy both the manufacturer of my solar system

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which I held contract...
Due to bankruptcy both the manufacturer of my solar system which I held contract for guarantees and the loan provider which I made payments. Both shutdown and I get an email from some shady contact to pay
Submitted: 9 months ago.Category: Bankruptcy Law
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Answered in 6 minutes by:
2/19/2017
Bankruptcy Lawyer: Law Educator, Esq., Attorney replied 9 months ago
Law Educator, Esq.
Category: Bankruptcy Law
Satisfied Customers: 120,188
Experience: Attorney At Law handling education matters.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Who is trying to collect the debt? Have you contacted the bankruptcy court trustee yet to see who may have taken over your debt, which is an asset in the bankruptcy cases?
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Customer reply replied 9 months ago
California largest Solar Manufacturer out grew itself quickly into Chapter 11. I had contract with them and performance guarantees plus monitoring. All structural warranties performance and monitoring have been breech as this company liquidation also resulted in shutdown. The loan provider, not only filed for obvious domino effect connectivity to manufacture, but the state of California order cease to operate citing fraudulent business practices for not filing financial reports, etc. Lastly, no where is the previous loan do I see this on my credit report and that is with all 3 credit reporting agencies
Bankruptcy Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Thank you for your reply.

But who is trying to collect this now? That is the issue, who is the party trying to collect the debt, since if you owe any money to an entity that went bankrupt, your debt is an asset of the bankruptcy.

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Customer reply replied 9 months ago
No one. I got a call once from some Texas company, shady dude. Then I got an email . What I didn't get is anything illegitimate showing title transfer, original contract, statement of account previous payment history, nothing. No guarantees nothing is breech. You can call it asset. I call it fraud and criminal. Also, this loan is not found on my credit report it doesn't exist
Customer reply replied 9 months ago
Look is this site real or some bullying I don't have time. Either take the call or pass. This pay for the same question is not happening ig
Bankruptcy Lawyer: Law Educator, Esq., Attorney replied 9 months ago
Thank you for your reply.
Please do not get offended or defensive with me. Realize I know nothing about your situation, so I am trying to get you to tell me all the information I would need to give you a reasonable response.
I have no idea what you are talking about bullying or whatever, I did not send you anything other than an information request and if the site sent you something I apologize, but the experts are not site employees so we have no idea or control about what the site does or sends to customers.
AS you have not told me much yet (you can reply again as much as you want we will go back and forth to answer all of your questions if you just use REPLY), we can give you the general information about debt collections.
If there was an outstanding loan and the companies filed Chapter 11, that is a debt reorganization. All outstanding loans or accounts receivable to the company in CH 11 would be assets of the bankruptcy and it is up to the bankruptcy trustee to make collection attempts. It does not matter whether or not the debt is reported on your credit report, what matters is the debt collector must produce a signed contract (signed by you) evidencing you owe some debt along with proof of the amount of the debt and proof that they have legal rights to collect the debt, in accordance with the Fair Debt Collection Practices Act.
So the first step is sending a demand to the Texas company in writing telling them you deny owing any such debt and pursuant to the Fair Debt Collection Practices Act you are demanding they provide you proof of the debt being valid in the form of a contract bearing your signature evidencing the debt together with an itemized statement proving the amount of the debt and proof of their authority to collect the debt as required under the FDCPA. Tell them that failure to provide the proof as required under the FDCPA will result in you pursuing legal action against them for up to $1000 per violation plus attorney's fees and a complaint to the Federal Trade Commission as provided for under the FDCPA. Tell them if they cannot produce such proof within 30 days you demand they cease and desist any and all further correspondence as the debt is deemed invalid.
Once you send that written demand, you also need to contact the bankruptcy trustee at the bankruptcy court where these companies filed bankruptcy to determine the status of the bankruptcies and the trustee will also inform you of the status of collection of any alleged debts (which of course they have to prove by producing signed contracts as stated above in order to ever sue to collect them).
If the bankruptcy trustee or this alleged debt collector cannot produce a signed contract upon your demand showing you signed agreeing to any debt, they cannot sue in court to enforce any such debt against you.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Customer reply replied 9 months ago
I like your answer. I can explain the defensive nature. However I can't type like this will you please call would like to discuss and possible retain
Bankruptcy Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Thank you for your reply.

Please understand. I will send you the phone offer again as the previous one expired, but I do so with your understanding that no expert from this site can represent anyone from this site pursuant to state laws, so you cannot retain us. Thank you for understanding that.

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Bankruptcy Lawyer: Law Educator, Esq., Attorney replied 9 months ago

I am sorry, it will not let me send you another offer, can you please click on phone call again, as your previous one expired.

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Law Educator, Esq.
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