QUESTION

What should I do about threats from creditors after a bankruptcy discharge?

Asked on Aug 07th, 2015 on Bankruptcy - California
More details to this question:
I've received two letters from a third party debt collector, representing a jewelry store. I received a complete chapter 7 discharge in December 2014. The letters arrived very recently. The company states I have to pay the debt, or they will be forced to take action. Should I just ignore the letters, and potential phone calls, and kind of wait it out, or what should I do? I appreciate anyone taking the time to read this.
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8 ANSWERS

Not enough information here to give you legal advice. You can surrender the property. I would have to look at your BK schedules to know how to guide you. Have you contacted your BK attorney? That would be a good place to start. Good luck!
Answered on Aug 17th, 2015 at 4:24 PM

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Real Estate Attorney serving Florence, KY at Linda S. Novakov & Associates, PLLC
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Send the collection agency a copy of the petition which lists the debt and a copy of the bankruptcy discharge. If the threats continue, turn it over to the attorney who prepared the bankruptcy.
Answered on Aug 17th, 2015 at 3:01 PM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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Assuming the debt was discharged in your BK you will want to contact the company and either provide them with the Court's district name and the case # so that the company can verify the fact that you filed BK and received a discharge of this debt. Case documents can be accessed using www.pacer.gov or you can send to them a copy of your Discharge Order. You can first attempt to do this by phone but if this doesn't work and for the purpose of having evidence of such communication, the information should be communicated to the company in writing with confirmed receipt. If after that collection efforts continue you can use that evidence to re-open the BK case and file a motion with the court to order sanctions against the company for violating the court's discharge order. Most creditors after realizing that a discharge was granted immediately close the file and stop collections. Likely the reason why they are attempting to collect is that they don't know about the bankruptcy and this can happen when debt is sold to a third party. If it becomes necessary to reopen the case, it should be fairly easy to hire an attorney to do it. Assuming there is good evidence to win sanction motion typically the attorney's fees will be paid by the party wrongfully attempting collections. Your attorney who represented you in the chapter 7 case would likely be interested in knowing about this situation and perhaps willing to do the letter for you as a follow up to the case. Hope this helps.
Answered on Aug 12th, 2015 at 1:03 PM

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Bankruptcy Attorney serving Schenectady, NY
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Call your lawyer they should not be doing that.
Answered on Aug 12th, 2015 at 10:23 AM

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Try sending them a copy of your discharge order. If you listed the jewelry store as a creditor, send a copy of the schedule with the jewelry store listed along with the discharge order to be completely certain they back off. Then if they still pursue you, contact an attorney about legal recourse you have against them for violating the discharge order. They probably just don't know.
Answered on Aug 12th, 2015 at 12:50 AM

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Consult your lawyer. He will likely suggest you file a contempt action against these creditorsafter giving them a firm but polite warning.
Answered on Aug 12th, 2015 at 12:49 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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In some instances, a debt collector will be unaware of your bankruptcy. A demand for payment is not a threat. A threat is a criminal action, such as a statement that you or your family will be the victim of violence. It does you no good to overstate the facts when communicating with an attorney. Just send the creditor a copy of your bankruptcy discharge.
Answered on Aug 11th, 2015 at 6:48 PM

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Send them a copy of your discharge.
Answered on Aug 11th, 2015 at 6:37 PM

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