Central District Consumer Bankruptcy Attorney's Association

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I received the same letters. In the Chapter 13 context I do not give
them the time of day. I answered one once in the chapter 7 case
context as I was anoyed with continuing to receive such drivel from a
creditor that should know better. I endeavored to enlighten them that
any such corporate bylaws are utterly irrelevant and superceded by
federal law; that the information they were entitled to receive was
provided in the notice from the bankruptcy court; that I represented
the debtor not them; and that if they cannot keep their records
straight to match the debtor to their redcords, it was entirley their
problem. Of course I warned them of the consequences of violating the
automatic stay. I'm sure it was an effort in futility as these
letters are still being sent, but they have not violated the automatic
stay in any of my cases.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED
RECIPIENT OF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE
PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW,
USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY
PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL
AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE
FOR YOUR COOPERATION.
On Mon, 20 Feb 2012 10:03:30 -0800, "John D. Faucher" wrote:
Hello listers:
I occasionally get letters from creditors who have clearly gotten the
notice of bankruptcy generated by my petition filing, but asking me to
provide them even more information so, presumably, they don't violate
the automatic stay. I generally ignore these, believing that the
creditor probably has more information on these accounts than I do. Do
you guys see any reason to answer them?
Here's an example:
This letter serves a request for more information from John D Faucher
on behalf of
client N**** N****** in regards to their Ch. 7 Bankruptcy. When
originally listed as a
creditor, Charter Communications received insufficient information
from the client in
order to properly process the account in accordance with proper
bankruptcy policy
established within corporate bylaws. In order to properly process the
account, the
Cash Management branch of Charter Communications needs the client's following
information provided, including: the sixteen (16) digit account
number(s) for all
accounts involved in the bankruptcy proceedings, any and all
addresses related to
these accounts, the full name(s) to which these accounts belong, as
well as any and
all social security numbers associated therein.
Please furnish this information to Charter Communication's Cash Management
division in a timely manner, in order to expedite the processing of
the client's
account(s). Please send information via fax to (616) 975-1107.
Otherwise, send via
mail to:
Frankly, this sounds like gobbledygook designed to see if they can
trip us up. They have the SSN, debtor's name, and address from the
mailed copy of the notice of bankruptcy. "Insufficient information
from the client in order to properly process the account in accordance
with proper bankruptcy policy established within corporate bylaws"?! I
hope they don't expect that those bylaws are any defense against 11 USC
362, nor that sending this letter shifts responsibility for abiding by
bankruptcy laws from the creditor to the debtor.
John D. Faucher
Hurlbett & Faucher, LLP
5743 Corsa Ave., Suite 208
Westlake Village, CA 91362
(818) 889-8080
Fax: (805) 367-4154
http://www.hurlbettfaucher.com/
3324 State Street, Suite O
Santa Barbara, CA 93105
(805) 963-9111
This electronic mail message and any attached files are confidential,
contain information intended for the exclusive use of the individual or
entity to whom it is addressed, and may be legally privileged. If you
are not the intended recipient, please immediately reply to John
Faucher (at 818/889-8080 or john@hf-bklaw.com) indicating that you
received this message and then delete the message without delay. Thank
you for your cooperation.
Disclosure Under U.S. IRS Circular 230: The recipient may not use any
tax advice contained in this communication, including any attachments,
for the purpose of avoiding federal tax related penalties or promoting,
marketing or recommending to another party any particular transaction
or matter.
start="51k01l7qvm88@webmail.mysuperpageshosting.com"
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p{margin: 0;padding: 0;}I received the same
letters. In the Chapter 13 context I do not give them the time of
day. I answered one once in the chapter 7 case context as I was anoyed
with continuing to receive such drivel from a creditor that should know
better. I endeavored to enlighten them that any such corporate bylaws are
utterly irrelevant and superceded by federal law; that the information they were
entitled to receive was provided in the notice from the bankruptcy court; that I
represented the debtor not them; and that if they cannot keep their records
straight to match the debtor to their redcords, it was entirley
their problem. Of course I warned them of the consequences
of violating the automatic stay. I'm sure it was an effort in
futility as these letters are still being sent, but they have not violated the
automatic stay in any of my cases.
Mark T. JesseeLaw Offices of Mark T. Jessee"A Debt Relief
Agency"50 W. Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805)
497-5868 (805) 497-5864 (Facsimile)NOTICE TO RECIPIENT: THIS E-MAIL IS
MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND THIS
COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL
IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS
E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY
RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN
ADVANCE FOR YOUR COOPERATION.
On Mon, 20 Feb 2012 10:03:30 -0800, "John D. Faucher"
<j.d.faucher@sbcglobal.net> wrote:

The post was migrated from Yahoo.