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My chapter 7 bankruptcy was discharged 1/2014 and I have creditors harassing me. Stating that they were not included or they bought out the payday loan and they can still collect. I was under the impression that the chapter 7 covers me. I get harassing/belligerent phone calls and emails.
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Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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If this was a no-asset chapter 7 case (the Trustee did not disburse any assets in your case) and the debts were owed prior to you filng the bankruptcy case, then they were discharged and are prohibited from trying to collect regardless of whether they bought the loan from the original creditor or not.
11 U.S.C. 524 prohibits any collection attempts on a discharged debt, and violation can result in contempt of court sanctions against them.
You need to have your attorney write a strong letter and if that doesn't work, you need to reopen your bankruptcy case and prosecute these creditors for contempt of court.
Answered on Feb 22nd, 2014 at 2:08 AM