Legal Question in Bankruptcy in California

Can a credior collect a debt with interest after it was filed a part of Ch 7 abo

I received a letter from a creditor demanding payment on a debt that was covered in bankruptcy court about 12 years ago. They are requesting payment plus interest. Can they do that? Do I need to pay this astronomical amount of money? It was an unsecured credit card debt. Thank you.


Asked on 11/17/01, 8:51 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Can a credior collect a debt with interest after it was filed a part of Ch 7

Thanks for your posting. If your debt was listed in your original bankruptcy, and was discharged, then they cannot collect on it. You should send them a letter with a copy of the discharge order in your case.

There are a few other possibilities here also: (1), this may have gone to a collections agency. It is common for the collections agency not to know what the original creditor knows.

(2) you may be subject to a judgment. In California, a judgment may be renewed every 10 years, even if it was originally discharged via bankruptcy.

Thanks, and if you need any further assistance or have questions, please feel free to call me at 1-877-568-2977 or email me.

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Answered on 11/19/01, 6:30 pm
Mark Markus Law Office of Mark J. Markus

Re: Can a credior collect a debt with interest after it was filed a part of Ch 7

If the debt was discharged in your bankruptcy case, then obviously what they are doing is improper. It sounds to me like there is an issue with respect to whether or not the debt was actually discharged. Without knowing more facts about the debt and the bankruptcy proceedings, I cannot give you more guidance. If you would like a consultation, feel free to give me a call and I will be happy to go over your situation with you.

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Answered on 11/17/01, 9:06 pm


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