Legal Question in Bankruptcy in Maine
Change of dollar amount of debt
In 1998 when I filed for bankruptcy a creditor sent me a final bill of 130.00. Now, in 2003 the original business was sold to a another co and they say the amount owed is 330.00. The company was served and never replied. Can they change their dollar amount like this?
1 Answer from Attorneys
Re: Change of dollar amount of debt
If I understand your posting correctly, it appears as though you listed a certain creditor on your Chapter 7 Bankruptcy schedules and sent them notice of your filing, but years later another creditor has contacted you to collect the same debt. I assume that it is an unsecured debt.
As the Bankruptcy Discharge paperwork indicates, further efforts by a creditor, or an assignee of a creditor to collect a debt that was discharged in your Bankruptcy violate the Bankruptcy Court's Order.
It is likely the efforts by the new company are due to administrative carelessness rather than intentionally violative of the Order. It is also likely that if you provide written notification and a copy of the discharge to the creditor, or provide other information so that the creditor can verify the debt was discharged, they will stop contacting you. Keep a copy of all written materials you send to them. If they do not stop after these efforts, you should contact an attorney for further assistance.
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