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I filed bankruptcy in 2005/2006 and now the credit card people are calling me and telling me that they are going to sue me for $2,000.00; which was under my bankruptcy. Can they sue me even though I filed bankruptcy.
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If you filed a chapter 7 bankruptcy or a chapter 13 bankruptcy and received a discharge, the credit card companies cannot sue you. If you did not receive a discharge in your case was dismissed, then the credit card companies may go after you even though you filed bankruptcy. If I were you I would check your bankruptcy paperwork and see if the credit card companies that are calling you were listed on your petition. If they were in fact listed on your petition and you received a discharge it is illegal for them to attempt to collect this debt from you and you may actually been a lawsuit against them.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
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Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
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Answered on May 29th, 2014 at 12:52 PM