If I had a debt discharged in bankruptcy, can I still be threatened with arrest by a debt collector?
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If I had a debt discharged in bankruptcy, can I still be threatened with arrest by a debt collector?
About 4 years ago, I took out a payday loan for $795 and was not able to pay it back. I have filed bankruptcy, andthe debt was discharged. During bankruptcy I was contacted by several times trying to collect. Today, 30 days after discharge, the guy I spoke to said that they will be pursuing me for malicious fraud and attempt to commit fraud. However the lender sent me a letter saying it was discharged and the check back. Do they have a case?
Asked on August 4, 2011 Washington
Answers:
Mark J. Markus / Mark J. Markus, Law Offices of
Answered 12 years ago | Contributor
Unless they can prove that they did not receive notice of the bankruptcy case (e.g. you had the wrong address for them on your schedules), then they have absolutely no basis for reopening your bankruptcy case to litigate an action for non-dischargeability based on fraud.
You should take a strong stand against them. I would start by having your (an) attorney write a strongly worded letter demanding that they cease and desist. If they continue to try to collect from you, then you need to go back to the bankruptcy court and seek sanctions against them for violating the post-discharge injunction of 11 U.S.C. 524.
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 12 years ago | Contributor
Unless they can prove that they did not receive notice of the bankruptcy case (e.g. you had the wrong address for them on your schedules), then they have absolutely no basis for reopening your bankruptcy case to litigate an action for non-dischargeability based on fraud.
You should take a strong stand against them. I would start by having your (an) attorney write a strongly worded letter demanding that they cease and desist. If they continue to try to collect from you, then you need to go back to the bankruptcy court and seek sanctions against them for violating the post-discharge injunction of 11 U.S.C. 524.
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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