Legal Question in Bankruptcy in California
items that secured a debt
I have a bankruptcy (Chapter 7) that was discharged in 1999 in the state of Louisiana. I received a letter from a law firm in California in June 2006 indicating that some of the debt was secured and I have to return the items or pay for them. They then threaten suit. I have attempted to receive legal advice from my bankruptcy lawyer and received no response. Am I liable or was the debt really discharged? What can I do to stop the action?
2 Answers from Attorneys
Re: items that secured a debt
Depending on the statute of limitation in Louisiana, such collection efforts might be time-barred, and might also violate the bankruptcy's permanent injunction. If they sue, they might be violating the Fair Debt Collection Practices Act. You should repost this question for a Louisiana attorney.
Re: items that secured a debt
You must either return the item which is the security or pay the debt.