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?


Asked on 8/15/06, 12:04 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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.

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Answered on 8/15/06, 12:42 am
Judith Deming Deming & Associates

Re: items that secured a debt

You must either return the item which is the security or pay the debt.

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Answered on 8/15/06, 3:35 am


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