QUESTION

Bankruptcy Chapter 7

Asked on Oct 31st, 2013 on Bankruptcy - Mississippi
More details to this question:
I have debt that was discharged by original creditor. I now have predatory companies trying to collect this debt. I need to know what Chapter 7 will cover.
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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It took me a while to understand your facts, but I think I've got it now.  When you say your debt was "discharged" by the original creditor, did you mean "charged off"?   Those are two completely different things. A discharge of debts is something you get under federal bankruptcy law (after filing a bankruptcy case) which takes away your legal obligation to repay a debt. A charge off, by contrast, is merely a bookkeeping entry used for accounting purposes.  It has no legal weight or implications. So, assuming I've got your terminology correct, you still owe this debt to the predatory companies.  Assuming the debt was not incurred through fraud or any of the other bases set out as exceptions to discharge of debts in bankruptcy, you should be able to discharge those debts in a Chapter 7 case. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. 
Answered on Nov 01st, 2013 at 8:30 PM

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