Legal Question in Bankruptcy in Nevada

Who is Responsible?

I need some assistance, please! We filed bankruptcy about 3yrs ago. One of the creditors was an attorney. He is trying to get a judgement on us claiming he was never notified that he was listed.

About six months ago, he filed with the local constable and the next thing I know, the constable is at my door taking my car away. Mind you I was 7mos preg and have 4 other kids (that is our only car). I went to the constable's with proof that this attorney was listed in the bankruptch. The constable then released our vehicle back to us. We still had to pay $226.00 for towing and storage fees, even though this was not our fault.

Now 4 weeks ago I had to go to court again as he was still filing another judgement against us for the same thing.

I see this as harrassment and he knows that we are not in a financial position to do anything to him.

Isn't the bankruptcy court responsible for notifying the creditors we listed in the bankruptcy? He keeps claiming he was never notified. Well, if it was me listed on someones bankruptcy, I'm sure I would not have a leg to stand on by saying ''I was never notified.''

Thank you for any help you can give me.


Asked on 12/18/06, 6:07 pm

2 Answers from Attorneys
Dorothy Bunce

Creditor continues collection after Discharge

Sometimes a creditor will continue collection after discharge in error. The simplest way to resolve this is to contact the creditor and inform them of your discharge. Whether they did or did not receive the bankruptcy notice is beside the point - the debt was legally discharged.

Since your creditor is an attorney, I sort of doubt that it is a mistake. I would send a letter or fill out a complaint form containing the pertinent details to the State Bar Association. They can investigate for possible attorney (mis)conduct. I would suspect that you were not represented by an attorney in your Bankruptcy, otherwise, I would suggest that you contact your Bankruptcy attorney for assistance.

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Answered on 12/18/06, 7:40 pm
Jeffrey Cogan Law Offices of Jeffrey A. Cogan, Chartered

Re: Who is Responsible?

You may also sue him for violation of the discharge that you received in Bankruptcy. Since he is an attorney, it might be hard to find an attorney willing to do it. If I know who it is, I might be willing to do and take it on a contingency, meaning only if we recover, do I get paid.

I have sued two attorneys for violation and recovered on one and in the middle on the other.

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Answered on 12/18/06, 8:09 pm


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