Can an entity legally still try to collect on an account that was discharged 15 years ago in a Chapter 7?
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Can an entity legally still try to collect on an account that was discharged 15 years ago in a Chapter 7?
My husband and I filed Chapter 7. We included a revolving account we had with our bank at the time, RFCU. We still have an open savings account with them. We tried to reopen a checking account with them today, but they said they were unable to do this due to a charge off on this revolving account. They said they would have to have that account paid in full, before they could open up us a checking account. Is this legal? How can they try to collect on this again? Do we have any legal recourse?
Asked on July 22, 2011 Alabama
Answers:
Mark J. Markus / Mark J. Markus, Law Offices of
Answered 12 years ago | Contributor
Yes, it is illegal and if that debt was included in your Chapter 7 case, and you can prove it, then you can seek sanctions against the Bank for violation of the post discharge injunction of 11 U.S.C. 524. You should consult with a bankruptcy attorney in your area regarding options. (In all likelihood, a well-worded simple letter from an attorney should resolve the problem without litigation).
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
Yes, it is illegal and if that debt was included in your Chapter 7 case, and you can prove it, then you can seek sanctions against the Bank for violation of the post discharge injunction of 11 U.S.C. 524. You should consult with a bankruptcy attorney in your area regarding options. (In all likelihood, a well-worded simple letter from an attorney should resolve the problem without litigation).
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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