How do I get my ex-husband to stop if he is trying to collect on a debt I owed which was recently discharged in my Chapter 7?
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How do I get my ex-husband to stop if he is trying to collect on a debt I owed which was recently discharged in my Chapter 7?
I represented myself. Things went smoothly and I received a discharge. I am certain he received notice of the discharge. How do I file a complaint?
Asked on March 1, 2012 under Bankruptcy Law, Oregon
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you owed your ex-husband on a debt you owed him or that you owed jointly for some reason because his name was also on the debt, you need to show that he received notice of the bankruptcy and either filed a claim which was denied or that he failed to file a claim or answer. You then review the Fair Debt Collection Practices Act and send him a letter (I believe registered mail is required) to show that he cannot continue to try to collect on a debt discharged by bankruptcy. Do not reaffirm the debt, whatever you do. Further, make sure he has not filed anything himself with your credit reporting agencies. You need to review all three credit reports (you get one free from each once a year).
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