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Creditor collecting on waived debt
The court might find that behavior to besubject to sanctions, see Reed (attached)
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On Wednesday, January 7, 2015 10:38 AM, "'Mark J. Markus' bklawr@yahoo.com [cdcbaa]" wrote:
And does the issuance of a 1099 preclude the creditor from selling the debt to another collector?
On 1/7/2015 10:27 AM, 'BB@REDHILLLAWGROUP.COM' bertbri@ymail.com [cdcbaa] wrote:
Does anyone have any authority that the 1099c issued actually discharges the associated debt. Any briefs on the issue?
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-------- Original message --------
hoogroups.com>
Date: 01/07/2015 9:39 AM (GMT-08:00)
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Creditor collecting on waived debt
Debtor is in a Chapter 13 paying 24% to unsecured creditors. Unsecured creditor issued a 1099 voluntarily discharging debt but continues to collect payment from the Trustee. After many attempts to correspond with creditor, the claim has not been withdrawn. An objection to claim is being filed but is there some sort of sanctionable action to be taken against creditor? In the end it is just more money for the unsecured creditors and the debtor doesnt get the benefit of paying less into the plan but something seems wrong with this picture.
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