If I was discharged under a Chapter 7 bankruptcy over a year ago and a company is posting on-line that I still owe them, how can I get that removed?

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If I was discharged under a Chapter 7 bankruptcy over a year ago and a company is posting on-line that I still owe them, how can I get that removed?

I filed and turned over assets from my company to settle a debt I owed to this company. They have an entire page on their website listing my name, defunct company’s name and address and stating that I owe them over $16,000. Can I get an order to get that removed since I was discharged in bankruptcy?

Asked on August 10, 2011 Alaska

Answers:

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

Answered 10 years ago | Contributor

Was your "company" a corporation, or simply a dba/sole proprietorship?  If it was the former, the corporation did not receive a discharge because corporation's do not receive a discharge in Chapter 7.  If it was for you personally and they are still listing your dba as owing them money, you can request that they remove it.  But unless their webpage is deemed to be an attempt to collect the debt from you, I'm not sure you can get a court order sanctioning them for listing the debt.  You do technically still owe them the debt; you simply (assuming you in fact received a discharge) no longer have the legal obligation to pay it.

 

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

Was your "company" a corporation, or simply a dba/sole proprietorship?  If it was the former, the corporation did not receive a discharge because corporation's do not receive a discharge in Chapter 7.  If it was for you personally and they are still listing your dba as owing them money, you can request that they remove it.  But unless their webpage is deemed to be an attempt to collect the debt from you, I'm not sure you can get a court order sanctioning them for listing the debt.  You do technically still owe them the debt; you simply (assuming you in fact received a discharge) no longer have the legal obligation to pay it.

 

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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