Our office was recently contacted by the United States Trustee advising that there have been many complaints that debtors are receiving calls from prior creditors demanding payment for bills or services listed in their bankruptcy. Most of the callers are refusing to send a bill or statement, and claim that the debt was either not included in the bankruptcy or not dischargeable in the bankruptcy.
Under the Fair Debt Collection Practices Act creditors are required to send you a bill or statement. If they are not able to do so, it is most likely a scam. These scammers are preying on people who filed bankruptcy in particular. They are trying to scare debtors into making a payment over the phone. As a rule, any creditor calling you and demanding payment right then, should not be paid over the phone.
If you are unsure whether a debt was included or discharged in your bankruptcy, contact your attorney’s office and explain the phone call you received. Your attorney’s office should be able to check your case for the correct information.
If the debt was in fact listed and/or discharged in your bankruptcy case and you continue to receive calls, you should tell them to first send you a bill. If the creditor refuses, take down their information and then contact the US Attorney’s Office to file a complaint.