Legal Question in Bankruptcy in Georgia
Chapter 7
I have a writ of fieri facias that was filed prior to the debtor filing chapter seven.May I proceed in my attempts to collect on this debt?
2 Answers from Attorneys
Re: Chapter 7
A firm answer would take more facts, but the short answer is "probably not" and it should not even be considered without getting the advice of a Bankruptcy lawyer. A wrong move and you have violated the law and will be subject to damages.
Re: Chapter 7
As a general rule, ANY effort to collect a pre-petition debt violates federal law and can result in serious penalties against you, including contempt and attorneys fees. However, a handful of debts may remain collectable depending on facts you have not posted, so you need bankruptcy counsel very quickly in case you have any remedies.
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