QUESTION
can a company included in a banruptcy case come back after seven years and sue the person civility
Asked on Oct 10th, 2013 on Bankruptcy - Virginia
More details to this question:
I filed banruptcy seven years ago the account was included now I am having trouble with the companies involved are coming back and proceeding to try to sue me in civil court can they do this
2 ANSWERS
Bankruptcy Law Attorney serving Warrenton, VA
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New Day Legal
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If you were represented by an attorney when you filed your bankruptcy, you should contact them and tell them to handle this for you. If you were not represented, I would need to see your petition, and I can handle the response to these creditors. You may be entitled to damages under the Bankruptcy Code. Please call us at 540-349-3232 to make an appointment. Ask for John.
Answered on Oct 30th, 2013 at 12:27 PM
Bankruptcy Attorney serving Burbank, CA
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Law Office of Mark J. Markus
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If you received a discharge in your bankruptcy case and the debt you're referring to existed on the date your case was filed, and they were listed and received notice of the bankruptcy case, and they did not successfully object to the discharge of their debt during your bankruptcy case, then the debt was discharged and they are forever prohibited from seeking to collect on the debt.
According to your facts, this particular creditor is violating the post discharge injunction set forth in 11 U.S.C. 524, and you can obtain sanctions against them for contempt of court.
You should consult with a bankruptcy attorney in the area where the bankruptcy case was filed about pursuing your remedies against this creditor for their illegal actions.
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 Oct 11th, 2013 at 1:27 AM