Can I be sued by a creditor if they are listed on my chapter 7 bankruptcy petitions and were successfully discharged? 10 Answers as of May 01, 2017

I was just served papers for a small claim court from a creditor that was listed on my Chapter 7 bankruptcy and discharged in 2014. I am ordered to pay for a response in court or show up in court or judgment will be placed against me. Can I be sued if they were listed? I have no new debt with them since the discharge.

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Ronald K. Nims LLC | Ronald K. Nims
No, you can't be sued by a discharged creditor, it is a serious violation of the discharge injunction. Notify the court that you've been discharged in bankruptcy.
Answer Applies to: Ohio
Replied: 5/1/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
Mistakes happen. File a copy of your discharge in the civil court case. Or contact the creditor directly to provide a copy of the discharge and ask them to withdraw the civil suit for dismiss or you will request damages.
Answer Applies to: Nevada
Replied: 4/28/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
See a lawyer ASAP. Yes, you can sue them.
Answer Applies to: California
Replied: 4/28/2017
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Yes. File your response that it was discharged in BK. Attach proof of same. Either that or find a lawyer who will reopen your case and file a Contempt Citation against the creditor who is suing you. They will be ordered to pay all of your attorney fees and court costs.
Answer Applies to: Colorado
Replied: 4/28/2017
OlsenDaines | Rex Daines
No, they can not sue you . Pay the answer fee and attached the BK discharge and then ask the small claims judge for your costs back plus prevailing party fees. Or call the Underdog Lawyer in Portland and he can help you.
Answer Applies to: Oregon
Replied: 4/28/2017
    Stephens Gourley & Bywater | David A. Stephens
    No, but you may have to get a bankruptcy court orders stopping the suit.
    Answer Applies to: Nevada
    Replied: 4/28/2017
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    The creditor is prohibited from seeking to collect from you on a discharged debt. (However, some types of debts are excepted from discharge. Check with your lawyer or try to make sense out of 11 U.S.C. sec. 523(a). A violation of the discharge can be a contempt of court, and if you start such an action, the court 'could' award you your actual damages and attorney's fees for the action. In rare cases, they can award punitive damages. Find a skilled lawyer: It's almost always worth the investment.
    Answer Applies to: Wisconsin
    Replied: 4/28/2017
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    Anyone can sue. You have a valid defense in that the debt was discharged in your chapter 7 bankruptcy case. This creditor has violated the discharge stay and should be sanctioned. I would talk to my bankruptcy attorney or another knowledgeable local bankruptcy attorney and get them to help you. Also don't ignore the small claims suit. File your answer and include a copy of the discharge order with certificate of service. There should be court advisers who can assist you. You can counter claim and ask that the other side pay your costs.
    Answer Applies to: California
    Replied: 4/28/2017
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Send them a copy of the discharge and they should drop the matter. If they don't counter sue under they FDCA.
    Answer Applies to: California
    Replied: 4/28/2017
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Absolutely NOT. Take a copy of the Petition, and your Discharge and provide same to the court and ask for sanctions. This all provided and premised on what you wrote. This would be incorrect if you reaffirmed the debt or it was the subject of a non dischargeable action which you lost.
    Answer Applies to: New Jersey
    Replied: 4/28/2017
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