Legal Question in Bankruptcy in California
Bankrupt and still getting calls
We went bankrupt in june of 08 we may of hired a bad lawyer because we still have alot of people calling us. They tell us that we didnt include them in our bankruptcy. We have a payday loan that recently called us saying that they were going to sue us. Im not sure they can do this but iam unsure a friend told me they cant because we signed an arbitration. But im not even sure what an arbitration is. Also it is now a collection agency thats calling me. Can they sue me or is this just a scare tactic to get me to pay this loan back?
2 Answers from Attorneys
Re: Bankrupt and still getting calls
This could be problematic. You will want to sit down with a lawyer to go over your bankruptcy schedules and see which creditors were included and which ones were not. It is not uncommon for discharged creditors to continue to contact you even though your debt was discharged.
Re: Bankrupt and still getting calls
I'm very sorry you are having this problem.
Debts that were not listed on a person's bankruptcy may be considered to be discharged anyway, so long as it is the kind of debt that is not excepted from discharge, and so long as the time for a creditor to file a proof of claim did not expire - generally there is no deadline for creditors to file a proof of claim in a case where the trustee did not take possession of any assets.
here is a simple, cost effective way that may handle the pesky creditors. I suggest that you have your attorney, or some other attorney, write a cease and desist letter to the companies that are bothering you, and include proof that you filed bankruptcy.
That should do the trick.
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