What to do if my bankruptcy wasclosed6 years agobut a collection agency is coming after me for something that was discharged?

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What to do if my bankruptcy wasclosed6 years agobut a collection agency is coming after me for something that was discharged?

At the end of last year I received a notice from the court house about a collection agency (they bought the debt) taking me to court. I called the lawyers that were representing them and asked what this debt was about. When they told me I did remember having that card so I agreed to pay monthly installments. Then 3 months into paying I looked at my credit report and I realized that credit card was included in the bankruptcy and was discharged. Can they still sue me for this? I am not sure what my options are.

Asked on July 13, 2011 under Bankruptcy Law, New Jersey

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

If the debt was owed prior to filing your bankruptcy case and it was included in the bankruptcy (meaning that the correct address of the creditor was listed), and you received a discharge, then they were strictly prohibited from taking any collection action against you.  I would point this out to them and demand that in return for not seeking sanctions against them for violating the bankruptcy discharge, you will accept a return of the recent money you paid them in error.

If they were NOT properly listed in your bankruptcy case, you need to check with a bankruptcy attorney in your area about the ramifications.  In many jurisdictions it doesn't matter if a creditor received notice of the bankruptcy in a No-Asset Chapter 7 case, but I'm not sure about New Jersey.

 

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

Follow Me on Twitter:  @bklawr

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

If the debt was owed prior to filing your bankruptcy case and it was included in the bankruptcy (meaning that the correct address of the creditor was listed), and you received a discharge, then they were strictly prohibited from taking any collection action against you.  I would point this out to them and demand that in return for not seeking sanctions against them for violating the bankruptcy discharge, you will accept a return of the recent money you paid them in error.

If they were NOT properly listed in your bankruptcy case, you need to check with a bankruptcy attorney in your area about the ramifications.  In many jurisdictions it doesn't matter if a creditor received notice of the bankruptcy in a No-Asset Chapter 7 case, but I'm not sure about New Jersey.

 

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

Follow Me on Twitter:  @bklawr


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