More details to this question:
I filed a chapter 7 in 2011. Today I received a call from a rep. at International Arbitration Services, he stated I was going to be sued for writing 3 bad checks which were associated with a payday loan that were discharged in the chapter 7. I would like to know could they actually sue me? Both the payday loan place and the bank account associated with this account were both added in the chapter 7. Can they sue me?
7 ANSWERS
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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No.
Answered on May 22nd, 2013 at 5:45 AM
3 Awards
NO THEY CANNOT SUE YOU IF THE DEBTS WERE DISCHARGED! There are a couple of issues. 1- Did they receive notice of the bankruptcy? 2- Did you have to turn any money or property over to the court as part of your bankruptcy? It may be that the payday lender did not receive notice of your bankruptcy and they are unaware that you filed. If they did receive notice, and you received a discharge, they are violating the discharge order and they can sued for damages plus your attorney's fees.
Answered on Sep 07th, 2012 at 2:16 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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They cannot sue you. You can tell them you can sue them for violating the bankruptcy laws.
Answered on Sep 04th, 2012 at 8:42 PM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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If fraud is suspected, creditors do have the ability to sue.
Answered on Sep 04th, 2012 at 2:09 PM
Daniel James Wilson
No. Payday lenders are aggressive in collections. They also lie a lot. I have had them threaten criminal liability. But a payday loan is not a check. The collection agents contacting you are violating the discharge order.
Answered on Sep 04th, 2012 at 2:07 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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They would have had to sue in the bankruptcy. Give this info to your lawyer asap, as they are violating the injunctive nature of the discharge.
Answered on Sep 04th, 2012 at 2:04 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, they cannot sue you. Send them a copy of the discharge, and a copy of the schedule which listed the creditors.
Answered on Sep 04th, 2012 at 2:02 PM