QUESTION
Can I still be sued over this debt even after the final discharge and what should I do?
Asked on Aug 15th, 2017 on Bankruptcy - California
More details to this question:
Chapter 7 non asset bankruptcy was discharged almost 4 years ago. I received a summons of garnishment 3 days ago from a creditor's lawyer for a debt listed on bankruptcy petition and in my discharge.
6 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Yes, you can be sued by anyone for anything any day the courts are open. Can you be SUCCESSFULLY sued for a debt discharged in bankruptcy, no and there are penalties for attempting it. First, notify the attorney who filed the lawsuit of your bankruptcy and that the debt was included. If the attorney doesn't withdraw the lawsuit, talk to a bankruptcy attorney about sanctions.
Answered on Oct 30th, 2017 at 9:41 AM
Real Estate Attorney serving Florence, KY
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Linda S. Novakov & Associates, PLLC
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Send them a copy of the discharge and let them know that the debt was included in your bankruptcy. They cannot continue to collect after it has been discharged.
Answered on Oct 24th, 2017 at 6:01 PM
You can be sued for anything but it should be invalid.
Answered on Oct 24th, 2017 at 8:08 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Notify the creditor and the small claims court that the debt has been discharged. And that violating the discharge can be held to be a contempt of the federal court. Identify your case number and the federal district in which you filed.
Answered on Oct 24th, 2017 at 8:08 AM
Send the creditor's lawyer a copy of your discharge and proof that the debt was listed, and that should stop it. If not, you can sue them for violation of the bankruptcy stay.
Answered on Oct 24th, 2017 at 8:08 AM
They cannot do that you should call the attorney and give them your case number because they cannot come after you for that date in the more.
Answered on Oct 24th, 2017 at 8:08 AM