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I have a creditor trying to sue me after I included them in my bk. My bk has been discharged, how do I reopen?
12 ANSWERS
File a motion to reopen. Talk to a qualified bankruptcy attorney. I generally do this without a retainer and seek to recover my fees from the creditor who is breaking the rules.
Answered on Jul 22nd, 2011 at 9:20 AM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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For practical purposes, if they are not acting in deliberate bad faith, it should be sufficient to re-notice them directly of the bankruptcy: refer to the case no. and discharge order. Creditors are imperfect. Reopening a case to pursue sanctions requires attorney assistance.
Answered on Jul 15th, 2011 at 3:55 PM
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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You need to pay filing fee and file a motion to re-open the case.
Answered on Jul 15th, 2011 at 3:30 PM
Glen Edward Ashman
Talk to your lawyer and stop trying to handle this yourself. As a general rule, you don't reopen the case. Also, in most cases, you will be able, if you properly scheduled the debt, collect legal fees from the creditor for violation of the discharge. A good lawyer can do that (at least sometimes) with a letter. So don't mess this up. See a lawyer.
Answered on Jul 15th, 2011 at 2:23 PM
Family Law Attorney serving El Cajon, CA
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Law Offices of Sheryl S. Graf
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It doesnt sound like you need to reopen your case as all your debts were already discharged upon conclusion of your bankruptcy case. Your creditors cannot sue you for a debt you no longer owe. Filing for Bankruptcy automatically stays collection activity, including commencement of a lawsuit to recover a claim, as well as any other act to collect a debt that arose prior to filing the Bankruptcy case. Penalties for violating the automatic stay can be severe. Bankruptcy courts have the power to order a creditor who "willfully" violates the stay to pay attorneys fees, costs, and punitive damages under 11 U.S.C. 362(h). Possibly the creditor you mention is not aware of your bankruptcy filing. You may want to contact them, preferably in writing, with your bankruptcy case number, the date filed, and the district your case was filed in. If a lawsuit has been filed against you, you should ask for confirmation that a dismissal has been filed in that action. If the creditor continues to contact you in an attempt to collect, then you should contact an attorney to stop this and to protect your rights. I recommend that you contact a knowledgeable attorney for specific advice. The information presented here is general in nature and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.
Answered on Jul 15th, 2011 at 1:34 PM
judith runyon
You don't have to reopen and the court will not entertain such a motion if they are an unsecured creditor and the debt existed at the time you filed bankruptcy. It is automatically discharged along with the rest of your unsecured creditors.
Answered on Jul 15th, 2011 at 1:33 PM
You do not reopen the Bankruptcy. You give notice to the creditor who is suing that they were discharged in bankruptcy. If they do not comply and continue to pursue you, you can get the case dismissed and you can file a counter claim or separate action for Fair Debt Collection Practices against the Collector and violations of Federal Bankruptcy Law against the Creditor. You hold the cards. Do not reopen unless there is some flaw in the filing that I do not know about. The creditors actions, if they are aware of the bankruptcy are entirely illegal.
Answered on Jul 15th, 2011 at 1:27 PM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If you are being sued by a creditor after being discharged in bankruptcy you have several options. First, I suggest sending a letter to the creditor with a copy of your discharge. Second, you can answer the lawsuit and claim the discharge as an affirmative defense. Third, you can re-open the bankruptcy and ask the judge to enforce the discharge against this creditor. Except for the first choice you should retain a lawyer to represent you.
Answered on Jul 15th, 2011 at 12:56 PM
To reopen a bankruptcy case, you need to file a Motion to Reopen and you need to pay the Court fee. Before you do this, you should consult with an experienced bankruptcy attorney to see if it is needed. Your question states that the creditor is trying to sue you after you included the creditor in the bankruptcy. Under these circumstances, you should be able to show the creditor a copy of the schedule listing the creditor and a copy of the discharge order and then get the creditor to go away.
Answered on Jul 15th, 2011 at 12:55 PM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
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You bankruptcy lawyer can deal with this and you might even be entitled to damages for trying to collect a debt that was discharged in the Chapter 7 (if that is the case).
Answered on Jul 15th, 2011 at 12:53 PM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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You don't need to reopen; just show your Discharge as a defense, and file an Adversary Proceeding against them in Bankruptcy Court for a discharge violation.
Answered on Jul 15th, 2011 at 12:09 PM
Bankruptcy Decision Attorney serving San Diego, CA
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Law Office of Daniel G. Shay
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File a motion to re-open case for Discharge Violations. No filing fee should be charged. Seek sanctions.
Answered on Jul 15th, 2011 at 12:08 PM