June 6, 2011 - 3:30pm
#1
We have a policy stating that we cannot attempt to collect on an account when the member has filed bankruptcy. (It is also stated in 11 U.S. Code 362.) Sending a statement can be interpreted as trying to collect, so therefore, a hold should be placed on the member's mail. Do you make exceptions, for example if the person is reaffirming debt, paying outside of the plan, or when a debtor requests the mail to be sent? If so, how is your exception documented?Thanks!
