QUESTION
Is it legal for American Express to perform collection after bankruptcy?
Asked on Aug 28th, 2012 on Bankruptcy - Florida
More details to this question:
We filed bankruptcy, included American Express (judgement of credit card by debt collection). Amex did not show up for credit meeting; but then after no asset discharge filed on our prior home a judgement on the property. My bankruptcy attorney says he has never seen this! A judgement filed on property no longer owned by us. Do I need a civil court attorney or what?
11 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You need to go back to the bankruptcy attorney. This is a violation of the discharge and they can be punished by the court.
Answered on Sep 07th, 2012 at 3:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Speak to your bankruptcy attorney first, if what you say is correct, something is amiss. If your bankruptcy attorney is no longer representing you, reengage or seek other counsel.
Answered on Sep 07th, 2012 at 2:42 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Your bankruptcy attorney should be able to take care of this by filing a motion for contempt in the bankruptcy court.
Answered on Sep 07th, 2012 at 2:16 PM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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A creditor's attendance at the bankruptcy meeting of creditors is not a precondition for the creditor to exercise bankruptcy "rights;" creditors rarely appear at the "namesake" 11 USC ?341(a) shindig. A judgment lien would be valid if recorded prior to the bankruptcy filing. Rhetorical: does the bankruptcy debtor have an outstanding interest or concern with the previously owned property? This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it's independent of other answers. It may be time sensitive, as in past the "Use by" date: laws and case law change. Hire bankruptcy or other legal counsel prior to acting upon or refraining from bankruptcy and other legal action.
Answered on Sep 07th, 2012 at 2:15 PM
Your bankruptcy attorney could file an action in bankruptcy court for violation of the discharge injunction and then file a motion to have any lien removed. The court takes the discharge of debt very serious.
Answered on Sep 07th, 2012 at 11:00 AM
Your bankruptcy lawyer needs to write a really really nasty note to AMEX. They will back off.
Answered on Sep 07th, 2012 at 11:00 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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You need your bankruptcy attorney to enforce your permanent injunction that you received from your discharge.
Answered on Sep 07th, 2012 at 10:49 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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As long as they are not going after you personally they are ok. Your reasoning to go after them would be that they are filing a lien against your property after the Bankruptcy was discharged. Have your counsel reopen for violation of the stay.
Answered on Sep 07th, 2012 at 10:48 AM
Amex cannot collect the debt against you personally following discharge. It can however collect against the property to which the lien attached if it was never avoided in the bankruptcy court.
Answered on Sep 07th, 2012 at 10:45 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You have an attorney, and only that person can help you. No one knows the facts except your attorney.
Answered on Sep 07th, 2012 at 10:39 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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If the collection is for a debt that was included in your bankruptcy, your bankruptcy attorney should be able to handle this. Usually, it takes a few phone calls to clear up. In extreme cases, you attorney can sue Amex on your behalf for violating the automatic stay provided by the bankruptcy.
Answered on Sep 07th, 2012 at 10:39 AM