Legal Question in Bankruptcy in Maryland

Harassment from a Chapter 7 Creditor

In 1997, I filed for a Chapter 13 and converted to a Chapter 7 in 1998. While a creditor was listed and informed of my proceedings, he did not contest my claim; further, he continued to service my account after the Deadline to File Proof of Claim. Did the fees due him discharge at the Date of Conversion, or at the Deadline Date to File Proof of Claim under the Chapter 7? Additionally, the creditor has filed a claim against me for a Total Amount owed to him, a large sum of which was discharged through the bankruptcy proceedings. I thought trying to seek judgment against me was illegal and that sanctions and fines could be filed against him for attempting to collect a discharged debt. I never gave up my discharge protection for this debt. I am representing pro se -- do I have to reply to his Interrogatories since I have already provided him with detailed information and supporting documents in my letter to him (in which I attempted to resolve that I would pay him any monies payable after the Proof of Claim deadline, which would have not been protected by discharge)? A hurried response would be most appreciated. Many thanks!


Asked on 9/14/00, 4:38 pm

1 Answer from Attorneys
Lawrence Holzman Holzman Law Firm, LLC

Re: Harassment from a Chapter 7 Creditor

Hmmmm -- your facts are not entirely clear to me. In general, you may be liable for debts that you incurred after the date that you converted from chapter 13 to chapter 7. The proof of claim date is not determinative (I presume that you are referring to the proof of claim date from your chapter 13 case -- ordinarily, there is no proof of claim date set in a chapter 7 case unless there are going to be assets to distribute -- if there WERE assets for distribution, then you definately had a more complicated case and would have been well-advised to have retained counsel to assist you).

The short answer is that I can't tell whether the creditor you are referencing has violated the permanant injunction imposed by the bankruptcy code upon entry of a discharge order. Neither do I have sufficient information to detemine what type of interrogatories you have been served with (i.e. has a judgment already been entered or are they post-judment interrogatories?). You should consult with an attorney right away to sort out your obligations. It would be a shame to have filed two bankruptcies and wind up paying a creditor that should have been discharged. I would be happy to speak with you for a few moments on the telephone -- just give me a call.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

Read more
Answered on 10/17/00, 8:50 am


Related Questions & Answers

More Bankruptcy Law questions and answers in Maryland