Recurring Creditors

If the creditor is in fact different from the one you believed you discharged in bankruptcy, you can reopen your bankruptcy case and still take care of this particular creditor and received a receive a discharge even though your bankruptcy case is closed. But it seems you're sure that this is the same creditor simply using a different name or simply using a collection agency, this is a direct violation of the bankruptcy code and fair credit act. They attempt to go to court to seek damages for the debt, you can have them prove the fact you actually had the account, the paperwork that shows that you open account with your signature on it and demonstrate to you actually made the charges. When they attempt to provide this information it will clearly show that they are in fact a creditor that you had discharge the debt from them in your previous bankruptcy filing. You can also hire an attorney and to the creditor, as they are breaking federal law. These lawsuits usually end in a settlement for the debtor and are worth pursuing. 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. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    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