Legal Question in Credit and Debt Law in Massachusetts

Re: Civil Suit

As others have noted, a discharge in bankruptcy eliminates your legal obligation to pay most, but not all, debts. If the debt which they are trying to collect was discharged, the collection agency is violating several laws: the bankruptcy code, the Fair Debt Collection Practices Act, and Chapter 93A of Massachusetts laws. Consult the attorney who represented you in the bankruptcy case for further help, or call me if your other attorney is not available. Best wishes, David Baker

Re: Civil Suit

Bankruptcy discharges certain debts and not others, depending on the type of debt. You should review the debt and discharge with a lawyer. If the collection agency is threatening to sue on a debt that was discharged, you should immediately notify the US Trustee's Office and your Massachusetts Attorney General.

Re: Civil Suit

Bring this to the attention of the attorney who represented you in your bankruptcy. If this is a debt that was or should have been discharged in bankruptcy that attorney will know how to handle it. If not, that attorney can perhaps help you resolve it. Good Luck!

Re: Civil Suit

It really depends upon the nature of the lawsuit. Pursuant to 11 U.S.C. 523, the following debts may be non dischargeable in bankruptcy; 1)Back child support, alimony and other debts dedicated to family support, 2) debts for personal injury or death caused by driving while intoxicated, 3) student loans unless it would be an undue hardship for you to repay, 4) fines and penalties for violating the law including traffic tickets and criminal restitution, 5) recent income tax debts, 6) unlisted debts, 7) debts incurred on the basis of fraud, 8) credit purchases for luxury goods exceeding a certain monetary limit made within a statutory period of filing, 9) loans or cash advances exceeding a certain monetary limit made within a statutory time period of filing, 10) debts from willful or malicious injury to another person or another person's property, 11) debts from embezzlement , larceny or breach of trust, 12) debts owed under a divorce decree or settlement under certain circumstances. If you have specific questions, please feel free to contact my office for a free initial consult based on the facts of your situation.