Legal Question in Credit and Debt Law in Illinois
past debts
I have a problem with these magizine company trying to take my money, but I remeber filing for bankrupty on them a few years back, but now they came back saying I owe them the rest of my money, do I owe them the money?
2 Answers from Attorneys
Re: past debts
While it is true that if you reaffirmed the debt in a chapter 7 you'd still owe the debt, that is highly unlikely for a magazine or other unsecured debt. Also, it isn't true that you would owe it if you were in a chapter 11 or 13 because you receive a discharge of unpaid debts in those chapters, UNLESS the creditor wasn't listed and didn't have proper notice. In any event, if you are positive the debt was incurred prior to the FILING of the bankruptcy, you need to let them know you filed, the case number, when you filed and when you were discharged. If you are still being contacted by them after that time, you need to contact a bankruptcy attorney to help you with this as they would be violating the discharge order. If they have are suing you, you need to notify the court of the bankruptcy.
Re: past debts
While I may not provide you with specific legal advice because you are not yet my client, I can say generally that you could owe them the money if you reaffirmed the debt during Chapt. 7 bankruptcy, or if you filed for reorganization Chapt. 11 or 13 bankruptcy.