How can a creator bill you 15 years after bankruptcy? 21 Answers as of February 24, 2014

I would say 15 or more years ago, I filed chapter 7 just wanted my credit cards to be forgiven or discharged. I paid my attorney all moneys up front went to bankruptcy court and it was granted. Now I’M getting letters saying I have loan when it went on my bankruptcy. How can I get them to honor federal bankruptcy court. They don't seem to understand the debt is no good help.

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Contact your original attorney. If he/she is no longer around, send the creditor a copy of your BK papers (the Bankruptcy Court has copies on micro fisch back then). Beyond all that, the Statute of Limitations bars recovery after 6 years in most states. In Colorado, you would turn the creditor into the Colorado State Attorney General's office.
Answer Applies to: Colorado
Replied: 2/24/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
The "collectors" are schemers. If you looked them up they are probably from out of the country and not registered with the secretary of state. Ask for an address and then look it up, it will come back to a PO Box.
Answer Applies to: California
Replied: 2/20/2014
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
If the debt you are referring to was incurred PRIOR to the filing of your bankruptcy case then it is probably discharged. If this is the case then contact an attorney and discuss an action against this creditor for a "discharge violation". You could make some $ off this if it all fits together.
Answer Applies to: California
Replied: 2/18/2014
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
It is not clear what this loan is that they are trying to collect. Most are discharged in bankruptcy and can't be collected in the future but some are not. Many student loans, domestic support, certain taxes and fines are not discharged. Many items would no longer be collectible just because so many years have passed. Without knowing what this is, I would say to send them a copy of your bankruptcy discharge orders. If they claim if doesn't impact them find out why and go see a local knowledgeable debt defense attorney for specific advice.
Answer Applies to: California
Replied: 2/18/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
You can review your bankruptcy paperwork and confirm that you discharged these debts. Once you have done this, a bankruptcy litigator can take the creditor to court to sue them for a violation of your bankruptcy discharge. What you are describing is very unusual, so I would investigate this matter very carefully before assuming that the creditors have made this mistake.
Answer Applies to: Nevada
Replied: 2/18/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    Two issues arise regarding that debt. First, any discharged debt cannot be collected due to the bankruptcy discharge. If you have provided your bankruptcy information to the creditor and they do not cease with their efforts, you should contact an attorney to pursue a claim against them for violating the discharge order and permanent stay. Second, the statute of limitations for collection of that debt may preclude them from pursuing a claim against you.
    Answer Applies to: Indiana
    Replied: 2/18/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    If the debt was listed in your bankruptcy and discharged, all you should have to do is send the collector a copy of your discharge order. If they persist, you should see an attorney.
    Answer Applies to: California
    Replied: 2/18/2014
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    You will need to ask your attorney whether that creditor and account was included in your chapter 7 bankruptcy petition. If not, you may need to reopen your case to add the missing creditor your schedules.
    Answer Applies to: Texas
    Replied: 2/18/2014
    Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
    First, send a copy of your discharge to the creditor if that does not work, hire an attorney and sue them for violating the bankruptcy laws.
    Answer Applies to: Arkansas
    Replied: 2/18/2014
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    First contact the atty who represented you in the bankruptcy. Second notify the creditor of your bankruptcy case number. Third, reopen the bankruptcy and ask the Court to hold the creditor in contempt.
    Answer Applies to: New York
    Replied: 2/18/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    You don't give enough information. Did you include the loan in your original bankruptcy? If so, send them a copy of your bankruptcy discharge and the page showing them listed. If not, the statute of limitation on collecting is way past. Don't pay them anything or you will start it running again. Was the loan for a secured item? If so, offer it back or if you don't have it, tell them that. They are just trying to see what they can get out of you. Even the IRS doesn't wait 15 years to try and collect!
    Answer Applies to: Michigan
    Replied: 2/18/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Give them your bankruptcy case number and the date it was filed. Unless they can show you that the debt was incurred after your filing date they are violating the court's discharge order. If they persist, consult with a consumer law lawyer, you may have claims and recourse under the FDCPA.
    Answer Applies to: Colorado
    Replied: 2/18/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    You need to send the creditor your official discharge order. If you do not have a copy, you can get one from your former attorney or from the bankruptcy court. The Oregon bankruptcy court has a link to instructions for obtaining copies of documents from your prior bankruptcy, but there are some fees involved. If the creditor refuses to leave you alone after proving that you filed a bankruptcy, then you should contact a bankruptcy attorney (perhaps your former attorney) about suing the creditor for contempt of court.
    Answer Applies to: Oregon
    Replied: 2/18/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    Threaten them with filing a lawsuit for violation of the federal bankruptcy law.
    Answer Applies to: California
    Replied: 2/18/2014
    Hayward, Parker, O'Leary & Pinsky, Esqs.
    Hayward, Parker, O'Leary & Pinsky, Esqs. | Michael O'Leary
    The creditor in question is violating the Discharge Injunction. If they do not cease and desist in their collection efforts you should retain experienced bankruptcy counsel to bring on a motion in Bankruptcy Court seeking monetary sanctions against the offending creditor.
    Answer Applies to: New York
    Replied: 2/18/2014
    Law Offices of Daniel J Winter
    Law Offices of Daniel J Winter | Daniel J Winter
    It may indeed be illegal debt collection; bring the letters to a lawyer now, and the lawyer can review your situation to see what type of debt it was and whether it was discharged. If so, you could try to sue for damages.
    Answer Applies to: Illinois
    Replied: 2/18/2014
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    There are two ways to deal with this. The polite method, with the least amount of effort and that should be tried first is to send the creditor a letter stating that the debt is discharged and they are violating the discharge order by attempting to collect on the debt. Be sure to attach copy of discharge order (if you don't have a copy you may be able to get one from www.pacer.gov) and tell them that if they don't stop their collection efforts you will take legal action against them. You should also be saving all the forms of communications from this party so that you have proof of their wrongdoing. If that doesn't stop them, the next step, is to reopen the bankruptcy case, and file a motion for sanctions for violating the court order. If you have to take step two it would be best to retain an attorney to assist you. It may be possible to collect legal fees from the other party.
    Answer Applies to: California
    Replied: 2/18/2014
    Lynch Law Offices, P.C. | Roseanne N. Lynch
    An attorney would need to know the nature of the debt and the time that it was incurred. There are certain debts, that continue even after a Bankruptcy, like student loans or Homeowners Association payments. However, there are also many times when an aggressive collection agency is just trying to collect something on a discharged debt by using harassive methods. You should see an attorney and give specific information about this debt to see if it was discharged in your bankruptcy.
    Answer Applies to: Illinois
    Replied: 2/18/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You need to confirm it was listed in your bk by checking your petition. So long as it was listed the discharge is applicable. The creditor is violating the permanent injunction. Demand in writing that they stop attempts to collect and give them your bankruptcy # and advise them that if they continue to attempt to collect you will seek contempt damages against them. If they don't stop then you must file a motion in bk court.
    Answer Applies to: Nevada
    Replied: 2/18/2014
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    In all likelihood, the creditor sold the debt to a third party for pennies on the dollar, if that. The new "owner" of the debt is trying to sucker you into either affirming the debt, in which case they can sue you to collect, or paying them something more than what they paid for the claim. You should mail the creditor a copy of your bankruptcy discharge and instruct them to stop harassing you or you will turn the matter over to an attorney to seek damages against them under the FDPCA.
    Answer Applies to: California
    Replied: 2/18/2014
    Havkin & Shrago | Stella Havkin
    Discharged debt is bought online for pennies on the dollar. You have no legal obligation to pay a debt which has been discharged and which is so clearly past the statute of limitations. Write them a letter stating that you will be seeking sanctions against them for violation of the discharge injunction. That should stop it.
    Answer Applies to: California
    Replied: 2/18/2014
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