What recourse does a debtor have if my bankruptcy was dismissed?

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What recourse does a debtor have if my bankruptcy was dismissed?

I filed Chapter 13 in 2004 and was paying until I lost my job in 2007. The bankruptcy was dismissed, and now I have the credit card company coming after me to pay. This is unsecured, I owe no property, and the debt is about 6 years old by now. I am still not working and have no regular income. What is their recoourse other than charging off the balance?

Asked on May 15, 2009 under Bankruptcy Law, Ohio

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

On a general note the credit card company themselves will usually not come after you personally, they often charge it off and the debt will be purchased. However at that point it is usually with a collection agency or an attorney

They will contact you and give you the chance to make payments, if you do not they oftentimes will get a judgment against you. At that point you can make payments or they will proceed. I personally don't know specifics of your state but they may be able to garnish wages, freeze banks accounts, etc.

So your best solution is to try and make payments and if you cannot try to work something out with them see about setting up a cure with the credit card company which is a lowering of the balance.


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