QUESTION
Is it legal for a debt collector to come back after we filed for bankruptcy?
Asked on Jun 04th, 2011 on Bankruptcy - California
More details to this question:
In 2003 a debt collector obtained a judgment of $8449 against my husband for a business credit card debt-only in his name. We made payments after the judgment until 2005 when we filed Chapter 13 Bankruptcy. This was dismissed in 2010. Now the debt collector is demanding we pay $12,000 plus an interest rate of 8% until the debt is paid. I tried discussing the amount with the collector, however, was unable to to discuss anything. What can we do?
12 ANSWERS
If you received a discharge in your Chapter 13, then the debt has been paid / discharged and the creditor can not come after you any more. If your case was dismissed, meaning that you did NOT receive a discharge, the creditor is free to take collection action against you. You will receive credit for the payments that you made through the Chapter 13. If you are not sure about this, you should consult with your bankruptcy attorney.
Answered on Jun 14th, 2011 at 9:23 AM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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A debt collector cannot demand payment for a debt once you file bankruptcy. However, do you mean that your bankruptcy was dismissed or discharged? If dismissed, it means you still owe the debts. If discharged (the Plan completed, in other words), then you don't owe the debt and the creditor is subject to legal action. If you were represented, please check with your attorney.
Answered on Jun 09th, 2011 at 9:30 AM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
Go back and talk to your bankruptcy lawyer, if they are not interested in this violation, talk to another one. It can be stopped and you might be entitled to damages.
Answered on Jun 09th, 2011 at 8:46 AM
Was the bankruptcy dismissed or discharged in 2010? Was the creditor included in the bankruptcy? If the case was discharged and the creditor was included in the bankruptcy then you need to notify the bankruptcy court that the collector is harassing you.
Answered on Jun 08th, 2011 at 4:33 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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If the bankruptcy case was dismissed then you did not get a discharge and you owe the judgment amount plus interest at the legal rate applicable for the state where the judgment was obtained. It is as if the bankruptcy case was never filed. You can file another bankruptcy case now if you are eligible and if that is the best thing for you. You need to consult with a bankruptcy attorney about your options.
Answered on Jun 08th, 2011 at 3:32 PM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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If the chapter 13 had been "dismissed," then any unpaid debt would not have been forgiven. If you received a discharge (successfully completed the bankruptcy) then the debt would have presumptively been eliminated in full; you should contact your bankruptcy attorney to address a violation of the discharge-if that is the case.
Answered on Jun 08th, 2011 at 2:17 PM
You say the case was "dismissed" or did you mean "discharged." Big difference! A dismissal gives you no protection from further collection action.
Answered on Jun 08th, 2011 at 12:09 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If a chapter 13 plan is completed the collection creditor debt would be discharged. However, if the case is dismissed prior to completion all the unpaid debts, including collection charges, interest, late fees and attorney fees will be owed. Consult with an attorney as the the options of another chapter 13 or a chapter 7. Also discuss alternatives with the attorney, such as consumer credit counseling.
Answered on Jun 08th, 2011 at 12:04 PM
Glen Edward Ashman
Most of your post simply does not add up. Since Chapter 13s only last 5 years if you filed in 2005 and it was over in 2010 your case should have been discharged and not dismissed, meaning the rest of the debt was wiped out (additionally some or all of the debt was likely paid via bankruptcy). Additionally, the debt may be too old to collect. Instead of continuing to make the mistake of talking to a collector, get your facts straight and then see an attorney and STOP talking to collectors (always a bad idea).
Answered on Jun 08th, 2011 at 11:56 AM
Litigation Attorney serving Portland, OR
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Daniel G. Hoarfrost
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If your Ch 13 was dismissed before you achieved a discharge, then your previous creditors are free to try and collect from you.
Answered on Jun 08th, 2011 at 11:44 AM
Bankruptcy & Debt Attorney serving San Diego, CA
Partner at
Jackie Robert Geller Attorney at Law
If the case was dismissed without a discharge (paid off plan), then the debt collector can attempt to collect again. If you paid off the debt in the plan, then he can't come after you and is breaking the law.
Answered on Jun 08th, 2011 at 11:36 AM
If you did not receive a discharge in the bankruptcy, the collector seems completely in his legal rights to collect all outstanding money owed.
Answered on Jun 08th, 2011 at 11:31 AM