Legal Question in Bankruptcy in California
Collection of Debt after fining Bankrupcy
Could you please advise me if it is leagal for a Creditor that was included in the filing of a Chapter 13 Bankruptcy entered 07/1998 to now try to collect the debt, or sell the account to a collection agency? I have made no payments to this company for at least 1997. I am currently trying to purchase a home and my loan company is telling me this account needs to be paid. My credit report showes it as ''INCLUDED IN BANKRUPTCY''. I have called the company and was told that the they closed this account in 1999. I was told to request this from the correspondence department and did and now I have just received a letter from a collection agency stating that they purchased this account and they are offering a settlement of 50 cents on the dollor. Any advise on what I should do would be greatly appreciated.
Sincerly, Susan
3 Answers from Attorneys
Re: Collection of Debt after fining Bankrupcy
Unfortunately Susan this is not a clear cut question to answer. There are a few questions to be answered first such as was this a secured creditor ? Did they have a lien ? Did you complete your plan payments for the 13 and receive a discharge ? What your credit report may say, or even what the company says is not controlling. You should seek the advise of an attorney on this issue. The bright side is that if they have been discharged and are in violation of the law, the court may award you damages for thier conduct.
Re: Collection of Debt after fining Bankrupcy
If the debt in question has been discharged, then the collection agency should stop contacting you. Just because a creditor has been included in bankruptcy does not mean that the debt has been discharged in the Bankruptcy. As stated, the court may award you damages for any loss you suffered if they are at fault.
We can likely assist you with your case; yet, without more information regarding the facts of your case, it is difficult to determine your best course of action. If you are in the northern or southern California metropolitan areas, please contact us via telephone or email us at [email protected] and someone will assist you.
Re: Collection of Debt after fining Bankrupcy
The question is whether or not you received a discharge having completed your chapter 13 case. If they were listed and received notice, whether or not they filed a claim, they are discharged. You can threaten to take them in on violation of your discharge order if they do not IMMEDIATELY withdraw their claim and acknowledge that they are not owed any money. You may want to contact the attorney that handled the chapter 13 to pursue this matter. They can be held in contempt of court and be subject to a law suit for damages if they continue to try to collect a debt that is no longer owed.
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