QUESTION
Can I be sued by a creditor if they are listed on my chapter 7 bankruptcy petitions and were successfully discharged?
Asked on Feb 16th, 2017 on Bankruptcy - Nevada
More details to this question:
I was just served papers for a small claim court from a creditor that was listed on my Chapter 7 bankruptcy and discharged in 2014. I am ordered to pay for a response in court or show up in court or judgment will be placed against me. Can I be sued if they were listed? I have no new debt with them since the discharge.
7 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, you can't be sued by a discharged creditor, it is a serious violation of the discharge injunction. Notify the court that you've been discharged in bankruptcy.
Answered on May 01st, 2017 at 6:41 AM
1 Award
No, they can not sue you . Pay the answer fee and attached the BK discharge and then ask the small claims judge for your costs back plus prevailing party fees. Or call the Underdog Lawyer in Portland and he can help you.
Answered on Apr 28th, 2017 at 7:34 AM
Yes. File your response that it was discharged in BK. Attach proof of same. Either that or find a lawyer who will reopen your case and file a Contempt Citation against the creditor who is suing you. They will be ordered to pay all of your attorney fees and court costs.
Answered on Apr 28th, 2017 at 7:34 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The creditor is prohibited from seeking to collect from you on a discharged debt. (However, some types of debts are excepted from discharge. Check with your lawyer or try to make sense out of 11 U.S.C. sec. 523(a). A violation of the discharge can be a contempt of court, and if you start such an action, the court 'could' award you your actual damages and attorney's fees for the action. In rare cases, they can award punitive damages. Find a skilled lawyer: It's almost always worth the investment.
Answered on Apr 28th, 2017 at 7:33 AM
Send them a copy of the discharge and they should drop the matter. If they don't counter sue under they FDCA.
Answered on Apr 28th, 2017 at 7:33 AM
Mistakes happen. File a copy of your discharge in the civil court case. Or contact the creditor directly to provide a copy of the discharge and ask them to withdraw the civil suit for dismiss or you will request damages.
Answered on Apr 28th, 2017 at 7:32 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Absolutely NOT. Take a copy of the Petition, and your Discharge and provide same to the court and ask for sanctions. This all provided and premised on what you wrote. This would be incorrect if you reaffirmed the debt or it was the subject of a non dischargeable action which you lost.
Answered on Apr 28th, 2017 at 7:32 AM