[WSBAPT] speaking of banks/credit unions

[G. (Gus) Benjamin Lindsey III]

Hello,

 

I have an odd situation and I’m interested in how others have handled a
similar situation.

 

I handled a probate matter for a client’s whose spouse had died. The
decedent had a business (a LLC) that had debts at the time of the death.
The three main creditors received probate creditor notices and notices
required for the LLC dissolution process.

 

Two of the three main creditors filed claims against the estate, which we
denied asserting that their right to recovery was limited to the assets of
the LLC. (none of the creditors filed a claim when the LLC was dissolved.)
Neither of these two creditors filed suit within the statutory time limits
after being rejected. (And I have not heard from them since the claims
were rejected.)

 

The third creditor, a large credit card company, never filed a creditor
claim against the estate. Nor did they file a claim against the LLC during
its dissolution.  We closed probate late last year. However, about once a
month I what appears to be a standard debt collection canned message about
the debt.  Today, I received a letter in which the creditor is offering to
settle for a lesser amount. (We aren’t paying them anything.) 

 

Is there any compelling reason to respond to the letter and again tell
them that they have no right to recovery from the estate?

 

The only thing different about this form letter from the ones they sent
early on is that it mentions that they MAY be required to provide a form
1099-C to the IRS as a result of the debt cancellation.

 

Anyone receive one of these on behalf of a client?

 

Thanks!

 

 

Sincerely,

 

G. (Gus) Benjamin Lindsey III

Attorney-at-Law

 

 

The Law Office of G. Benjamin Lindsey III

2012 Grade Road, Suite 202

Lake Stevens, WA 98258

Phone:   (425) 263-9585

 

website: www.gbl3law.com <http://www.gbl3law.com/> 

 

Business Law     Employment Law     Construction Law     Civil Litigation
Estate Planning      Labor Law     

 

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