QUESTION
Can I receive a judgement on a discharged debt?
Asked on May 17th, 2013 on Bankruptcy - Idaho
More details to this question:
I have just received notice that a creditor has received a judgment against my husband and me on a debt that was discharged almost two years ago. I am sure that they were noticed of this chapter 7 discharge. My attorney sent them a letter at the time of discharge because they kept sending me bills. I have called them several times as well as sending them proof of discharge. It also shows on my credit report that this debt was discharged.
12 ANSWERS
Sanford M. Martin
Because the debt was discharged in bankruptcy, you owe the debt no longer and the creditor or agent attempting to collect the debt is violating federal law. You should inform the creditor the claim is bogus and may constitute fraud.Your attorney's notice to the creditor should end the matter. I assume that you were both discharged in Chapter 7 bankruptcy and the creditor does not have a claim against either of you.
Answered on May 20th, 2013 at 8:12 PM
You should sue them for violation of the FDCPA.
Answered on May 20th, 2013 at 8:12 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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You can go after them for contempt. Call your attorney and let him/her know. Legal fees get paid by the other party if you're successful. If your attorney doesn't do that kind of thing, some attorneys limit their practice to filing cases, shop around and you should be able to find one to assist you.
Answered on May 20th, 2013 at 8:11 PM
General Practice Attorney serving Coeur d'Alene, ID
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Michael B. McFarland, PA
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If they won't correct their mistake, talk to your attorney about an action for violation of the discharge. You may be entitled to compensation and attorney fees.
Answered on May 20th, 2013 at 8:10 PM
Bankruptcy Attorney serving Los Angeles, CA
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Law Offices of Raymond H. Aver, A Professional Corporation
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A bankruptcy discharge (commonly known as the "discharge injunction") voids any judgment at any time obtained, to the extent such judgment is a determination of the personal liability of the debtor with respect to any debt discharged. A bankruptcy discharge operates as an injunction against the continuation of an action, or an act to collect or recover any debt as a personal liability of the debtor. If you were a client of our Firm, we would recommend commencing a proceeding against the creditor for civil contempt. In cases in which the discharge injunction was violated willfully, courts have awarded debtors actual damages, punitive damages and attorney fees.
Answered on May 20th, 2013 at 8:09 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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Look for a bankruptcy lawyer that does FDCPA violations as well as bk. There are multiple ways to sue this creditor.
Answered on May 20th, 2013 at 8:05 PM
If the judgment was in place before your bankruptcy and was a lien when you filed bankruptcy, you need to have your attorney remove the lien. It is an extra service involving an additional legal fee. If the judgment was not in place before your bankruptcy or if the lien wasn't filed until after the bankruptcy was filed, there has been a violation of the bankruptcy discharge and your attorney will will will to file an action within the bankruptcy to impose sanctions for this violation against the creditor.
Answered on May 20th, 2013 at 8:05 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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Have your bankruptcy attorney write them a letter threatening to reopen your bankruptcy and file motion for contempt and damages if they don't file a satisfaction of judgment. Actually it sounds like the Judgment should be vacated since it sounds like they sued you after the discharge.
Answered on May 20th, 2013 at 8:04 PM
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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Much depends on the type of debt, and whether they were notified of the bankruptcy. It is possible that this creditor has violated the bankruptcy stay and/or discharge. You should talk to your attorney about whether the creditor can be sued for any violations. If your attorney won't do it, you should consult with an experienced Bankruptcy attorney about it.
Answered on May 20th, 2013 at 8:04 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Call your attorney. They will explain the contempt process.
Answered on May 20th, 2013 at 8:04 PM
Bankruptcy Attorney serving Henderson, NV
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Jeffrey A. Cogan Chartered, a PLLC
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You can reopen the case and file a Motion for violation of the discharge. The problem is that you must be damaged, otherwise, all you can get is a refund of attorney's fees. If they start to collect against you, then your damages are better. The best would be to just send them the discharge with the court's certificate of mailing and they should void the discharge.
Answered on May 20th, 2013 at 8:01 PM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Visit with your attorney in your bankruptcy. From what you have described, it sounds like contempt charges might be in order. Of course, assuming the debt was discharged.
Answered on May 20th, 2013 at 8:00 PM