Legal Question in Bankruptcy in Michigan

Discharge of Debtor

There is a terminology problem with your question.

First, the only way you do not have personal liability for a debt is if you received a discharge not a dismissal. You will need to check to see that the language of the Court's Order Dicharged you and did not Dismiss the Case. Keep in mind that a Discharge simply takes away your personal liability for that debt, but if it was a secured debt, then the creditor has a right to the security interest, i.e. a car.

Second, it would depend on the type of debt, and whether or not that creditor had been included in the bankruptcy. You would need to seek a legal interpretation of your Bankruptcy Order and may have to draft a letter informing the creditor of the discharge, if one was entered.

Re: discharged debt

If in fact the debt you referenced has been discharged in bankruptcy, then the collection procedures are improper. The creditor and its agent may have exposure for damages you sustained as a result of such efforts, including atty fees. In addition those actions may constitute a violation of the Fair Debt Colletion Practices Act. You should consult with competent counsel, who is knowledgeable in this area, for a review of your rights and perhaps enforcement of them.

If you had counsel in the bankruptcy, see him.