If a creditor withdrew their claim after I objected to the claim can that person now sue me in a local court? 17 Answers as of August 31, 2015

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Stephens Gourley & Bywater | David A. Stephens
Not if the claim was discharged.
Answer Applies to: Nevada
Replied: 11/14/2014
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Not if you received a discharge.
Answer Applies to: Colorado
Replied: 11/13/2014
Ronald K. Nims LLC | Ronald K. Nims
No. The creditor is limited to going through bankruptcy court to collect on the debt from you. If the creditor has a lien on some property (such as a car loan or a mortgage), the creditor can enforce that lien in local court but you're not personally liable. If the creditor does attempt to sue you personally in local court, you can defend the claim in the local court or file an action to defeat the claim in the bankruptcy court. Some local judges aren't expert in bankruptcy law, so I usually recommend that my clients defend in bankruptcy court.
Answer Applies to: Ohio
Replied: 11/13/2014
Barnhart Law Office
Barnhart Law Office | Bruce C Barnhart
The bankruptcy stay and the bankruptcy discharge order apply to every creditor that received notice of the bankruptcy. A creditor that withdraws its claim remains bound by the stay and order.
Answer Applies to: Nebraska
Replied: 11/13/2014
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
That would be a no.
Answer Applies to: Wisconsin
Replied: 8/31/2015
    Idaho Bankruptcy Law | Paul Ross
    The question depends on whether you received a discharge. If you received a discharge the creditor cannot sue you. That is a violation of the discharge injunction. Visit with your attorney regarding how to proceed forward. If you did not receive a discharge, yes, that claim, assuming no other defenses, could be pursued in state or other court.
    Answer Applies to: Idaho
    Replied: 11/12/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    No, that would be considered a violation of the automatic stay. They would first have to ask your bankruptcy judge to grant them relief from the stay, and you would have an opportunity to object to that.
    Answer Applies to: Oregon
    Replied: 11/12/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    The creditor can sue you if you didn't discharge the debt in your bankruptcy.
    Answer Applies to: Nevada
    Replied: 11/12/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    That would be a no.
    Answer Applies to: California
    Replied: 8/31/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, that would normally be a discharge violation.
    Answer Applies to: New York
    Replied: 11/12/2014
    Danville Law Group | Scott Jordan
    Not if the debt was discharged in your bankruptcy.
    Answer Applies to: California
    Replied: 11/12/2014
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