QUESTION

Can a collector not listed on my bankruptcy and was already discharged, still come after me?

Asked on Feb 24th, 2015 on Bankruptcy - Michigan
More details to this question:
My ex-husband had a small medical bill from 2008 (we were married then.) It went to collections, I didn't know anything about it. They went to court 2014 for judgment against me and husband (they couldn’t find him) so came after me. I had filed for bankruptcy and it was discharged in 2011, this debt was not listed on my bankruptcy as I had no clue. They went to court and got judgment against me and went to garnish my wages. Can they do that?
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6 ANSWERS

Bankruptcy Attorney serving Las Vegas, NV
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You have to reopen your bk and add them to it. Depending on the amount it may be cheaper to just pay it.
Answered on Feb 25th, 2015 at 8:43 PM

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They cannot do so if you object in the right way. It's best to consult an experienced bankruptcy lawyer: it's almost always worth the expense. There are several methods to choose from, and some of them are not exclusive. But you should act very promptly. Good Luck.
Answered on Feb 25th, 2015 at 3:15 PM

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It would have been better for you to raise the bankruptcy defense when the lawsuit was filed last year, but you have to give the creditor notice of the bankruptcy or they don't know they are violating the stay. Send them a copy of your official discharge and that should put an end to the garnishment. This answer assumes that you filed a chapter 7 bankruptcy and that the trustee did not recover any assets to distribute to the creditors in your bankruptcy case. If those conditions are true, then the lack of notice to this creditor did not prevent them from sharing in any recovery in your bankruptcy case. Therefore, they are bound by the stay once they get notice of it.
Answered on Feb 25th, 2015 at 3:13 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Nope. In a Chapter 7 bankruptcy, creditors that you don't know about are covered by the discharge. As soon as they filed their lawsuit, you should have notified the judge that this debt was covered by the discharge injunction - which would have stopped the suit. Now that they have a judgment it's listed on your credit report, but there's nothing you can do about this now. You can shut down the judgment and stop any garnishment by informing them that they are subject to the discharge injunction (I recommend certified letter or Fedex, so you have proof of notice). If they continue to harass you, find an attorney to sue them in bankruptcy court.
Answered on Feb 25th, 2015 at 3:11 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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They can if you don't handle this issue properly. You should file your bankruptcy discharge in the civil collection case together with a copy of In Re Beezley and ask the court to set aside the judgment. This is a formal process and you may need to do a lot more research to properly pull this off.
Answered on Feb 25th, 2015 at 3:09 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Yes, if a debt is not listed it is not discharged. Other questions are if you were actually liable ever, if you had notice and should have defended when the suit was filed and are therefore precluded for protesting the judgment now, and if it was assigned to him in the divorce judgment (causing you to be liable to the creditor but allowed to claims reimbursement from him in the divorce court.
Answered on Feb 25th, 2015 at 12:11 PM

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