Legal Question in Bankruptcy in New York

Bankruptcy & Foreclosure

My husband & I filed Chapter 7 bankruptcy in 1-01 and it was discharged 8-01. Included in the bankruptcy was our former residence in South Carolina (a mobile home and land mortgage). The bankruptcy was filed in New York. The mortgage company is still trying to collect the debt from us. They have called and left messages at my home and have started calling neighbors to try to locate us. My question is, isn't it against the law for them to try to collect a debt that has been discharged already & if they have any questions about the bankruptcy shouldn't they contact either my lawyer that handled it or the trustee that discharged it?

I understand that they still need to legally forclose on the property and we have gotten mailed legal notifications from the creditors attorney about foreclosure preceedings, but they are still (and have been all through the bankruptcy) sending us monthly bills and calling multiple times a day, even after we told them that we had filed. Thank you for your time.


Asked on 11/15/01, 5:43 pm

1 Answer from Attorneys
Savyon Grant Law Office of Savy Grant

Re: Bankruptcy & Foreclosure

It sounds like you have a great cause of action against the bank for harassment. If you filed for bankruptcy, the bank should not be calling you at all. Only speeking to your bankruptcy attorney. Do you currently reside in NY?

Please call me so I can further explain to you your rights.

Savy Grant

Attorney at Law

201-646-9600

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Answered on 11/15/01, 9:01 pm


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