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  1. #1

    Default Does a Chapter 7 Bankruptcy Release You From a Service Contract

    My question involves bankruptcy in the state of: Tennessee

    I filed bankruptcy and it was discharged. On schedule G I listed a contract with direct TV satellite Co. I was never behind on payments and still have the equipment and service.
    From the notifications I was looking through, they were never notified of the bankruptcy. I have 2 years remaining on the contract.


    I can't afford the monthly bill anymore. If I send the equipment back to Direct TV, can they come after me for the unfulfilled term of the contract? Or, was the contract obligation discharged in the bankruptcy?

  2. #2
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    Default Re: Does a Chapter 7 Bankruptcy Release You From a Service Contract

    As far as I know, if it was listed, it's discharged.

    When you send the equipment back, make sure you send it by UPS or FedEx, insured, signed receipt requested. Or personally deliver it locally with a witness who can take dated photos of you returning it. But get a receipt, too.

    And send your bankruptcy discharge papers to the appropriate person at the company. Or provide a copy of you deliver it personally.

  3. #3
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    Default Re: Does a Chapter 7 Bankruptcy Release You From a Service Contract

    hopefully despritfreya will post but:


    I wonder if the OP continued making payments if that was not a ratification of the contract and as such, now again enforceable.

  4. #4

    Default Re: Does a Chapter 7 Bankruptcy Release You From a Service Contract

    Quote Quoting jk
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    hopefully despritfreya will post but:


    I wonder if the OP continued making payments if that was not a ratification of the contract and as such, now again enforceable.
    I wasn't sure about that, but I did not specifically reaffirm the debt/contract.

    I think Direct will send boxes on termination of the contract to collect the equipment.

  5. #5
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    Default Re: Does a Chapter 7 Bankruptcy Release You From a Service Contract

    Quote Quoting teacher94565
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    I wasn't sure about that, but I did not specifically reaffirm the debt/contract.

    I think Direct will send boxes on termination of the contract to collect the equipment.
    Make sure you send your notice in writing, return receipt, keep copies, don't rely on phone calls.

    Your contract should tell you where to send correspondence. It won't likely be the same address you send payments to.

  6. #6
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    Default Re: Does a Chapter 7 Bankruptcy Release You From a Service Contract

    Quote Quoting teacher94565
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    I wasn't sure about that, but I did not specifically reaffirm the debt/contract.

    I think Direct will send boxes on termination of the contract to collect the equipment.




    if the BK terminated the contract, it doesn't matter what Direct does or doesn't do. The court action controls regardless of how they respond, or not.

  7. #7

    Default Re: Does a Chapter 7 Bankruptcy Release You From a Service Contract

    Quote Quoting jk
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    if the BK terminated the contract, it doesn't matter what Direct does or doesn't do. The court action controls regardless of how they respond, or not.
    The problem is that I don't think direct tv was ever informed of the bankruptcy by notice. On the statement of intentions there is no listing for direct tv. The only place they are mentioned in in the schedule G.

    If I were doing this over I would have asked the attorney to list direct tv in the statement of intentions as not reaffirming and added them as a creditor in the schedule in addition to someone I had a contract with. The way it is now I think that I might still owe them a fee for early withdrawl from the contract because They were never notified and were not listed in the statement of intentions. I doubt they would come after me if I sent in a copy of the discharge along with the equipment, but that is what I would like to avoid. I don't want to start my post discharge with credit issues.

  8. #8
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    Default Re: Does a Chapter 7 Bankruptcy Release You From a Service Contract

    teacher94565;815317]The problem is that I don't think direct tv was ever informed of the bankruptcy by notice. On the statement of intentions there is no listing for direct tv. The only place they are mentioned in in the schedule G.
    I don't know if you can PM despritfreya but you might try to. She is very well versed on BK and would be able to answer your questions. Mr Knowitall is no slouch in general and is posting daily so he may be able to answer things more definitely but I do not recall how well versed he is in BK law in general.

  9. #9

    Default Re: Does a Chapter 7 Bankruptcy Release You From a Service Contract

    Thanks.

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