Legal Question in Bankruptcy in California
Collections after Bankruptcy
I filed for bankruptcy on June 18, 2003. It was dicsharged on September 29, 2003. On August 28, 2003 a collection company purchased a debt from one of the creditors I listed on the bankruptcy. They are now trying to collect on this debt and threatening to take me to court. Since they purchased the debt AFTER I filed, can they still collect? Please advise.
Thank you.
2 Answers from Attorneys
Re: Collections after Bankruptcy
No, they should be out of luck if the debt was listed on the petition. Send them a copy of your discharge and a copy of the schedule listing the debt.
Re: Collections after Bankruptcy
No, they cannot if the debt were listed. Send them a copy of your notice of discharge with a letter telling them that they're violating a permanent injunction by attempting to collect. If they don't stop, then there are other remedies under bankruptcy law. Good luck to you and your fresh start. -Robert F. Cohen, Esq.
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