QUESTION
What can I do about old credit card debt if I filed for a chapter 7 bankruptcy?
Asked on May 03rd, 2012 on Bankruptcy - Florida
More details to this question:
My husband and I filed Chapter 7 back in 2004. We started getting mail from a law firm regarding a debt, but the company name that they were representing was not familiar to us. I wrote several times asking who the original creditor was, but did not get an answer. Finally we had to go to court where we found out it was indeed an old debt that we had not put into the Chapter 7. The attorney said to call his office and they would make payment arrangements. If they had answered my question, court costs would not have been involved. Ok we agreed to pay $100 a month and have been doing so for a year. I missed paying it for February & March, due to sickness in my family, but did send a check for $200, which they cashed, to pay for both months. In the meantime the sheriff came to our home and wanted to confiscate our three vehicles. My husband said there had to be a mistake, so he called the law firm. They said they had sent two letters, but had had no response. My husband is retired, but works part-time and he gets the mail every day, we had not received anything from them. The person he spoke to said she would send it again and we did receive that one.In the letter was a form to fill out with our debit card info so that they could starting withdrawing the funds every month so that we would not forget. That was fine with us. However, along with this form was another form for us to sign, which would give them the right to take all of our vehicles if the payment was not available to them. Is this even legal? I thought credit card debt is considered an unsecured debt. We did agree to pay this and will pay the monthly payment, but I don't feel we should have to sign for our 2007, 2008 and 2005 vehicles to be turned over to them. I work full-time and my husband works part-time, but we just manage to make ends meet. I haven't had a raise in pay for over five years...but, I do have a job. If the vehicles were taken we would not be able to pay to get t
10 ANSWERS
If your previous case was filed before May, 2004, you need to immediately consult a bankruptcy attorney and consider filing another Chapter 7.
Answered on May 21st, 2012 at 11:55 AM
You are being scammed and you need to take proper action to stop the scam. Get a copy of your bankruptcy filing. Make sure that this debt was listed. If it was you should be completely protected. But you have done stuff to yourself by failing to act correctly. You should never have agreed to pay anything. You owe nothing. Stop all your payments. Tell the lawyer that your bankruptcy covers this debt and if he continues to harass you, you will sue him for what he has already done to you. Depending upon your overall financial situation, it may not even matter if they have a judgment against you. You may be judgement proof. You don't need at this point to be cooperating with the law firm that is messing with you. You need to be fighting back. Take the $100/month you can pay and put it toward an attorney who can represent your interests. The cheapest way out may be to file bankruptcy again. The cheapest way out may be to just tell them to go climb a tree. The cheapest way out may be for you to sue them for what they have done to you so far. Under no circumstances should you sign anything for them to take anything from you. More details are important to know and copies of court paperwork would be most helpful. As I said, there is a solution to this problem and it is not to pay these people.
Answered on May 18th, 2012 at 4:40 PM
John R. McNeal
You can re-file chapter 7 again.
Answered on May 18th, 2012 at 1:22 PM
It is unclear what happened to you in your situation. You ramble all over the place in your question and muddy the waters to the point where I cannot give a clear cohesive answer. If you filed for bankruptcy during a time when it would have covered this debt then the debt would be effectively discharged whether or not you listed it on the bankruptcy petition unless you have an asset bankruptcy case. Most people have no asset cases which means that a trustee will not take any assets to disburse among the creditors. If this was the case in your case, you are making mistakes in entering into any payment plan with these people. All you need do is advise them of the date and filing number of your bankruptcy and explained that the debt was discharged. If however the debt was attached and secured by property then you have a different problem and they can repossess cars or whatever property the debts are attached to. You need to see a lawyer.
Answered on May 18th, 2012 at 1:17 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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The creditor has a valid judgment against you. It is allowed to use all enforcement remedies available under the law. One of the means of collecting a judgment debt is to levy on vehicles. There are exemptions allowing you to keep a limited amount of your property.
Answered on May 18th, 2012 at 12:08 PM
You need to speak with an attorney as soon as possible. The first issue is whether the debt was discharged by your bankruptcy. If it was, then all of the current actions by the creditor are illegal. Having said that, if you enter into new contracts, you can be held bound by the new contracts. Make sure that you do not sign anything until you speak with an attorney.
Answered on May 18th, 2012 at 11:19 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If the debt was in existence when you filed for bankruptcy in 2004, you should reopen your old case and amend the petition and schedules to include that debt and it too will be discharged.
Answered on May 17th, 2012 at 5:02 PM
Glen Edward Ashman
You really screwed up and probably revived an uncollectable debt. When you do foolish things without a lawyer you lose. A $50 consult would have save you lots of money. See a lawyer now, but you have probably created an unfixable mess.
Answered on May 17th, 2012 at 3:42 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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The debt was discharged. The attorney has serious problems. You need a lawyer. You should get your money back.
Answered on May 17th, 2012 at 3:18 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Because the debt was not listed in your bankruptcy, the debt was not discharged. If you signed a stipulation which said that a judgment could be entered against you if you missed a payment, that has probably been done. Otherwise, the sheriff would not come looking to levy upon your vehicles. Read the stipulation, check to see if a judgment has been entered against you. At the very least consult with an attorney to see what you can do or what can be done against you.
Answered on May 17th, 2012 at 2:47 PM