Legal Question in Bankruptcy in Minnesota

I recieved a summons from a creditor

I recieved a summons from a creditor demanding payment on a balence due. (over 45 days) after our bankruptcy hearing. can they still do this even after the hearing? The creditor was properly notified by the court, and the creditor did not show up at the hearing to protest.. I would think that with proper notification, a creditor has until the hearing date to protest or at least provide a letter of intent to protest on the hearing date, but not after.


Asked on 2/07/07, 5:23 pm

2 Answers from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: I recieved a summons from a creditor

This sort of thing happens all the time. A lot of those creditors are such big companies that they can't seem to keep track of the bankruptcy notices when they are received. I have always imagined a 19 year old employee opening the mail, saying "what's this?" and tossing it in the garbage.

So have your lawyer call the attorney who is suing you. I just did that for one of my clients. Your lawyer can then fax a copy of the bankruptcy notice to those people, and it should be the last you hear of them.

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Answered on 2/07/07, 6:03 pm
Sam Calvert Calvert Law Office

Re: I recieved a summons from a creditor

You should call your bankruptcy attorney, who should be willing to tell the creditor to retract the complaint. At least theoretically the bankruptcy court will sanction (fine) the offending creditor if it had notice of your filing.

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Answered on 2/08/07, 10:21 pm


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