Legal Question in Bankruptcy in Texas

Collection of debt after bankruptcy discharge

I filed personal bankruptcy (Ch7)in 1986. A month ago (June 2003), I received a letter and a call from a collection agency stating that I owe a debt from 1985. I explained that I had most certianly filed this debt on my bankruptcy at that time. They stated that it had not - otherwise their company would not have purchased the debt if it were on my bankrupcty. Unfortunately, I do not have a copy of my bankruptcy from 18 years ago - so I cannot prove to them it was on there. They are stating that I have to prove it, otherwise I will have to pay this. Is that correct? And also, they state that the original amount owed has now tripled due to the accrued penalties and interest being added for all these years!

Do I have to provide proof that this was on the bankrupty? And they are calling me every day at work! Please help.


Asked on 7/07/03, 8:43 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Collection of debt after bankruptcy discharge

Assuming your facts are correct, and even if it was not included in your bankruptcy estate, collection on this debt is barred by the Statute of Limitations. You are being harrassed by con artists. File a complaint.

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Answered on 7/08/03, 10:03 am


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