I filed for bankruptcy about 4 years ago and my lawyer was able to list pretty close to everything I had crazy on there. The creditor contacting me is asking for the money that was added in the bankruptcy.
2007-09-10 15:09:21 · 5 answers · asked by Anonymous in Business & Finance ➔ Credit
did you have a chapter 7, clean sweep?
was the creditor included in the bankruptcy?
If yes to both, and the bankruptcy was cleared..
you shouldn't be getting anything..
I am not positive but i think it is illegal for them to continue to contact you after they are given notice you are in bankruptcy.. they have and opportunity to have a rep show at court to contest when you went..
contact the attorney who did your case.. let them know what has happened, and do so quick.. you may want to check your credit report too to make sure info on there is correct and current. I had a mess to fix on mine after a bankruptcy. Don't just take for granted it was taken care of .. it is your credit history, and your responsibility. .
don't be pressured or fooled either by what the creditor may say, to gain repayment..did you make arrangement to pay that one back?. is another story..get the truth, the legal point first from the attorney on what to do.. they usually will answer a brief question and can refer to your file..
It isn't easy going into bankruptcy, but sometimes necessary. Just keep on the right path after, it is really important to be wise in starting over and not repeat old habits.. I do realize unforeseen things happen..
2007-09-10 15:25:11 · answer #1 · answered by miladyfaire 4 · 1⤊ 0⤋
Your state law may be different, but generally, a creditor can send you a bill for a debt that was discharged in bankruptcy. The creditor cannot take any collection action, however. It is entirely up to you if you want to pay the creditor or not. If the demand is from someone who does not own the debt, however, that is debt collection and is illegal.
Bankruptcy does not extinguish the debt. It only makes collection actions illegal.
2007-09-10 15:18:57 · answer #2 · answered by thylawyer 7 · 0⤊ 3⤋
Contact your previous bankruptcy attorney. If your debt has been discharged the creditor is in contempt of court by continuing to attempt collection.
2007-09-10 15:13:11 · answer #3 · answered by Anonymous · 2⤊ 1⤋
NO, absolutely not! It is against federal bankruptcy regulation guidelines. Contact your attorney right away, your attorney should get with them (if it hasn't been too long) and they won't bother you again. You do have to prove that the debt was included, if it was not, then they have the right to collect.
2007-09-10 15:20:42 · answer #4 · answered by Etta P 4 · 2⤊ 0⤋
It is AGAINST THE LAW FOR THEM TO DO THIS Remind them of this when they call you. Let them know you have contacted your LAWYER and you will sue if they continue. Send them a copy of your bankrupcy.
2007-09-10 15:13:37 · answer #5 · answered by Sassy 3 · 2⤊ 1⤋