Legal Question in Bankruptcy in Oklahoma
discharge of bankruptcy
I filed bankruptcy in 1995 because of an auto loan I had become delinquent on due to losing my job. Today, 23 years later I received a collection notice from a company in NY trying to collect this debt. When I first called to find out what in the heck this was, he told me it was a credit card I never paid. However, in the discussion I quickly realized that this was the auto loan that forced me into bankruptcy 23 years ago. Do they have a right to come back after bankruptcy, and 23 years later? What are my rights in this regard. Thank you
1 Answer from Attorneys
Re: discharge of bankruptcy
If you are correct about the debt, that it is a debt discharged in bankruptcy, the debt collector should not attempt to collect the debt and if he/she is attempting to collect on a discharged debt, the company is violating the bankruptcy code.
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