Legal Question in Bankruptcy in Nevada
Had a bankruptcy discharged in 2007. Recently was arrested for a debt that was discharged eventhough all parties involved were notified prior to bankruptcy, and they never responded or contested the debt. Can I sue for unlawful arrest and incarceration?
1 Answer from Attorneys
While you can always sue someone, the better question is whether or not you have a case. It is extremely unusual to be arrested on a debt. The most common reason for an arrest after a debt is for a gambling marker, which does not stop the authorities from prosecuting you for this criminal offense. The other more common debt is for a family support obligation, which is never eligible to be discharged in bankruptcy.
The issue of whether a debt has been discharged in a bankruptcy is not determined by whether the creditor "responded or contested the debt." If the debt is the sort that isn't eligible to be discharged in a Chapter 7, it is up to you to bring an action to get the bankruptcy court to find that you have an exception to the rule.
Hope this perspective helps!
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