Legal Question in Bankruptcy in California

Auto Loan went into the Debt Collector after Ch 7 Bankruptcy
I filed a Ch 7 bankruptcy end of 1995. I had a copy of the letter ''Discharge of Debtor'' and ''Certificate of Service'' listing all of my creditors.

A month ago, I ran a check on my credit report and found that one auto loan debt which I was the cosigner has not been discharged through bankruptcy and went to the debt collector. The credit report said that the debt colector cannot locate the individual.

Few days later, they sent us letter asking for payment. Under the ''Certificate of Service'' letter that I have, the original creditor has been listed. I do not know where is my friend whereabout and to my knowledge, he has surrendered the property. He is the sole and primary user of that property.

The debt collector is asking both of us to send a letter within 30 days or they will assume this debt is valid and if we notify in writing, they will obtain verification of the debt or obtain a copy of a judgement.

After more than 6 years, is the debt still enforceable on my part? I guess the primary borower has ran away. Can I be held responsible for that debt? Should I send a letter of dispute to the debt collector since i have filed for bankruptcy or should I just ignore the letter?

Asked on 3/14/02, 2:26 pm

Ken Koury Kenneth P. Koury, Esq.

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Re: Auto Loan went into the Debt Collector after Ch 7 Bankruptcy

send them a copy of your discharge and forget it. they cannot collect from you.

Answered on 3/14/02, 4:00 pm

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