Legal Question in Bankruptcy in Tennessee
Bankruptcy and Banks
My father had to file b'ruptcy before he died with cancer. All his debt was dishcarged. A local bank that held a loan for him came after me and actually listed my fathers debt against my credit report. I got them to have it removed after threating to file a law suit. I had never signed his notes although I had funded the renewals for several years. My 75 year old mother went into this bank yesterday to cash a friends social security check and make the last payment on the friends loan. This friend was in the hospital. The banker told my mother he was going to take ths social security check and use it for payment of my fathers b'ruptcy discharged debt. My mother is distraught. Can he do this leagally and how far can he go in this harrassement? My fathers b'ruptcy was final 7/1/03 he passed 7/13/03 and this is still going on.
1 Answer from Attorneys
Re: Bankruptcy and Banks
Based on what you say the answer is a resounding no, the bank cannot do this. Not only is it illegal to continue to prosecute a discharged debt, but as a general matter social security checks are going to be exempt from collection activities for any debt.
Related Questions & Answers
-
Secret forclosure after divorce my ex husband & i bought a home in 1995.... Asked 9/19/07, 1:27 pm in United States Tennessee Bankruptcy Law
-
Adding creditors I have a court date set for bankruptcy, and have remembered a... Asked 6/14/07, 10:33 am in United States Tennessee Bankruptcy Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
