Legal Question in Bankruptcy in Texas

I hold a 2nd note on a property and the owner as of last sept (2009) got out of bankruptcy. He hasn't been paying me my 2nd note payment. How do I go about contacting him about this debt since the company I hired to keep track of the note payments says they by law can't contact him?


Asked on 12/25/09, 10:42 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

First, you need to find out if the bankruptcy court discharged the owner's debt to you. The best way to do this is to contact a bankruptcy attorney and have him or her run down the information.

It is against federal law to attempt to collect a debt that has been discharged in bankruptcy.

However if the debt has not been discharged in bankruptcy, you are free to attempt to collect it. However, you should review your options with a bankruptcy attorney before you attempt collection.

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Answered on 12/31/09, 10:59 pm


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