Legal Question in Bankruptcy in California
post bankrupcy laws
in oct. 1997, almost 3 years ago,( due to unforeseen circumstances), i filed bankrupcy. i went to court in oct. 1997, and none of my creditors showed up. the judge approved the bankrupcy. i did file legally with the courts, and all bankrupcy rules/laws were conformed to. three years later i am being sued by one of the creditors. this creditor has previously been informed by myself on several ocassions that a bankrupcy was filed in 9/97, but they are suing me anyway. I found all my bankrupcy filing paperwork and verified that they are listed.
what can i do now? i am on disability, and the stress of this action is making me ill.
1 Answer from Attorneys
Re: post bankrupcy laws
Well, you should start by either writing them a letter or having an attorney do it, explaining that they are in contempt of the bankruptcy court's discharge order. You should also file an answer to their complaint in state court using "discharge in bankruptcy" as one of your defenses. If that doesn't get them to dismiss their suit, the only thing you can do is sue them in bankruptcy court for contempt. If your bankruptcy case was filed in the Los Angeles area, feel free to give me a call to discuss this matter further.
Mark
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