Legal Question in Bankruptcy in California

harasment from a law firm

I filed for BK, chapter7 in June2004 and it was discharged in Sept.2004. On 05/14/07 I received a phone call form a law firm stating that there are '' two charges currently formalized'' against me, ''one is civil the other is a felony in nature'' and if I dont show up in court I will be picked up on a warrant. I called them back and tried to explain to them that I have papers that it shows that specific account was discharged as well as the others but the person I talked to was very rude and told she does not want to help me, that the case was filled and I will be served within the next 48 hours.


Asked on 5/17/07, 1:08 am

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: harasment from a law firm

I would need more info to respond intelligently to this inquiry. It is unusual for a private law firm to inform you that there are felony charges against you as that is a matter for the District Attorney's office. Felony charges are ordinarily not discharged in bankruptcy. However, if the prosecution of a criminal charge is nothing more than a ruse used to enforce a collection of a debt, then the charge can, arguably, be discharged in bankruptcy. Also, it is unethical for a lawyer to threaten criminal prosecution in connection with the collection of a debt, especially a debt which has already been discharged in bankruptcy. You might want to have me contact this "attorney" who contacted you to see what is up.

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Answered on 5/17/07, 2:13 pm


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