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Another one of the myriad documents that you must complete when you file for bankruptcy is Official Form 108, called the "Statement of Intention." This document tells the bankruptcy trustee, the judge, and your creditors what you intend to do with certain property and certain leases.
The trustee will compare the amount you claimed on your bankruptcy paperwork against your actual balance. The trustee might also ask you questions about your bank statements at the 341 meeting of creditorsthe one hearing all filers must attend.
Page 2. Collection Agencies and Your Rights: Sending a Cease Communication Letter. Federal law requires collection agencies to stop their collection efforts after they receive a written request to stop.
Retain: You tell the court you want to keep the property. You may have to pay some or all of the debt that goes with the property. If you want to retain the property, you must tell the court how you will pay the loan on it.
Give your name, address and court number (to be taken from the latest correspondence about your bankruptcy). The court may check with the Official Receiver that you are entitled to an automatic discharge. You should receive a certificate confirming your discharge within about four weeks.
If you're being contacted by a lawyer on behalf of a creditor, the lawyer must stop contacting you too, provided he or she handles more than two debts in a year. The point of a cease and desist letter is to stop receiving harassing communications. Your creditors are still able to try to collect the debt owed, though.
A 341 notice is the notice sent by the bankruptcy clerk to the debtor, the creditors, and all other interested parties, notifying them of the date, time, and place in which the 341 meeting (creditors meeting) will be held.
A cease and desist letter is a formal request that you send a debt collector to stop contacting you about a debt. This contact includes collection calls and demand letters. If you make this request over the phone, it won't be official or binding.
The safest and most effective way to stop harassing calls to your cell phone is to send a written cease and desist notice to the collector.
A cease and desist letter is a formal letter requesting debt collectors to stop contacting you about a debt you owe. The Federal Fair Debt Collections Practices Act (FDCPA) requires debt collectors to cease any communication with you after they receive the letter.