Legal Question in Bankruptcy in New York

bankruptcy was discharge in 2006 and recieved a civil judgement in 2006 after getting discharged, however the attorney representing the plaintiff used a collection firm to serve notice . this notice was entered in the bankruptcy documents. . Can the judgment be remove based on the fact that the collection agency notice was included in bankruptcy filing and not the attorney firm representing the plaintiff in the judgment? considering again that the attorney used this collection agency to collect a debt.


Asked on 4/25/10, 11:34 pm

1 Answer from Attorneys
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

From what you have written, the debt would have been discharged in your bankruptcy. If a judgment was entered after the date of the bankruptcy discharge, it would be a violation of the discharge injunction, which prohibits all attempts to collect discharged debts. The creditor's attorney should be contacted and informed of the bankruptcy discharge. The attorney should take the necessary steps to have the judgment vacated. If not, you may need to take further action in bankruptcy court. Please contact my office directly should you wish to discuss your situation further.

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Answered on 5/02/10, 2:17 pm


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