If I filed for bankruptcy and later got served a summons for court over a debt I had listed on the bankruptcy petition is there anything I can do? 29 Answers as of February 25, 2014

I filed for bankruptcy and a credit card company has still served me a summons for a debt that I had listed on the bankruptcy petition. I thought this was supposed to stop these actions. Is there any recourse I can take against the credit card company?

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Law Offices of Linda Rose Fessler | Linda Fessler
First, file a copy of notice of filed bankruptcy in the court where they have sued you. Then file a complaint against them for violation of the bankruptcy law.
Answer Applies to: California
Replied: 2/25/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, file a copy of the discharge with the state court and see a good bankruptcy lawyer to go after them for violating the discharge injunction.
Answer Applies to: California
Replied: 2/21/2014
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
Send a copy of the Notice of Filing to the attorney who represents the credit card company. This is likely a mistake and most reputable attorneys will dismiss the complaint. If they do not you or your attorney should file an Answer to the complaint indicating the debt was discharged in bankruptcy. There are civil penalties that the credit card company could incur if they pursue the litigation.
Answer Applies to: California
Replied: 2/21/2014
Stephens Gourley & Bywater | David A. Stephens
Tell them to dismiss the case or you will file for contempt with the bankruptcy court.
Answer Applies to: Nevada
Replied: 2/21/2014
Joseph Lehn, Esq
Joseph Lehn, Esq | Lehn Law, PA
You are correct. Bankruptcy puts a stay on all collection efforts including lawsuits. A Suggestion of Bankruptcy needs to be filed in the credit card lawsuit to stop the proceeding. Meanwhile, you may be able to pursue sanctions against them. Contact your attorney to discuss that option.
Answer Applies to: Florida
Replied: 2/24/2014
    SmithMarco, P.C.
    SmithMarco, P.C. | Larry P. Smith
    Notify the attorneys who filed the lawsuit. Show them your BK documents. That ought to take care of it.
    Answer Applies to: Illinois
    Replied: 2/24/2014
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    Inform the credit card attys and the state court of your bkry case number, in writing. The lawsuit will stop.
    Answer Applies to: New York
    Replied: 2/24/2014
    The Law Office of M Grater LLC
    The Law Office of M Grater LLC | Mark O. Grater
    Contact the credit card company and their lawyer and give them you bankruptcy case number.
    Answer Applies to: Connecticut
    Replied: 2/21/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    The most likely scenario is that the credit card company did not receive notice of your bankruptcy. Most rational creditors will not spend money on filing a lawsuit if they know you are filing bankruptcy. The clerk of court maintains a certificate of mailing showing each creditor who was sent a bankruptcy notice, but it might have been returned in the mail because of a bad or outdated address. Before you waste a lot of time and money responding to the summons, get a copy of your hearing notice to the creditor or their attorney immediately so you know for certain that they were informed. If their address was wrong, you can file an address correction with the court free of charge. If they persist after they get actual notice of your bankruptcy, you can sue them for violating the bankruptcy stay, but only after you're certain they received notice. Chances are, they will voluntarily dismiss the suit.
    Answer Applies to: Oregon
    Replied: 2/24/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Advise the attorney for the credit card company of your bk filing and provide them with a copy of the notice of filing. That should suffice. If they do not dismiss the case immediately you can file a motion to reopen your bk case and seek sanctions against them for violating the discharge injunction.
    Answer Applies to: Nevada
    Replied: 2/21/2014
    Paul Stuber, Attorney at Law
    Paul Stuber, Attorney at Law | Paul Stuber
    It is important to let them know about the bankruptcy right away. Sometimes the contact that was in the petition does not get it to the collection attorney right away. As soon as they know about the bankruptcy they must stop the collections effort under Federal Law. It doesn't hurt to remind them of that fact and they should let you alone. If you have an attorney make sure the collection attorney is given your attorney's name and number. If they continue they are in violation of the automatic stay under the Bankruptcy Federal Law.
    Answer Applies to: Colorado
    Replied: 2/21/2014
    Law Offices of Marc Weinberg | Marc Weinberg
    Easy solution and you do not need a lawyer. Contact the law firm, and provide them with the the page on Schedule F (unsecured creditors) that shows them as a creditor, and a copy of your discharge. Be sure to have a case number on all.
    Answer Applies to: California
    Replied: 2/21/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Have you been discharged? You can file a motion against them for violating the Automatic Stay, but first I would send them a letter with a copy of your bankruptcy filing and the page showing them that you listed them. That should take care of the matter. Of course if you have an attorney, they will take care of this for you!
    Answer Applies to: Michigan
    Replied: 2/21/2014
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    Strongly recommend that you contact the bankruptcy attorney that you hired to file your petition and discuss your options.
    Answer Applies to: Georgia
    Replied: 2/21/2014
    Rhymer Law Firm
    Rhymer Law Firm | William Rhymer
    I would suggest you file a written answer with that court as soon as possible and tell them that it was discharged in your bankruptcy case. Then call and talk with your bankruptcy lawyer. Another option is to hire an attorney to represent you in the lawsuit and tell him or her all the facts. The longer you wait the more problems you will have.
    Answer Applies to: Georgia
    Replied: 2/21/2014
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    You can send them a letter explaining the situation and a copy of your Order of Discharge from the bankruptcy court.
    Answer Applies to: Texas
    Replied: 2/21/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Yes, you can ask the Bankruptcy Court to find the creditor in contempt of court. If I were you, I would contact the collection agency/attorney, and give them copies of your BK filing, along with a copy of your discharge order. Give them an opportunity to withdraw the state court matter. Call your attorney for specifics.
    Answer Applies to: Colorado
    Replied: 2/21/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    You should send a copy of the Notice of Bankruptcy to the attorneys who filed the suit. That should stop any action. If they continue, you can take action against the creditor in bankruptcy court for violation of the Automatic Stay.
    Answer Applies to: California
    Replied: 2/21/2014
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    If you notified the credit card company of your bankruptcy, it is prohibited from continuing any effort to collect a debt that arose pre-petition. Your attorney should immediately fire off a letter demanding that the lawsuit be dismissed and then file a motion with the Court to seek sanctions for violation of the automatic stay. The Court takes these violations very seriously and often sanctions bad actors like this serious money. Call you lawyer and get them on the case immediately! Good luck.
    Answer Applies to: California
    Replied: 2/21/2014
    The Troglin Firm | William M. Troglin
    This sounds like the right hand doesn't know what the left hand is doing. When you filed the Bankruptcy you probably used a payment address for the creditor. Whoever received the bankruptcy notice should have sent it to the bankruptcy department but they may not have received it. You should contact the attorney who filed the suit and give him or her the bankruptcy filing information and then fax a copy of the Petition, Schedule F and the Discharge. If the suit is not dismissed immediately call your bankruptcy attorney.
    Answer Applies to: Georgia
    Replied: 2/21/2014
    Kirby G. Moss PC | Kirby G. Moss
    That is a violation of your automatic stay, or if your case closed, your discharge order. You can seek sanctions in Bankruptcy Court for this but first I'd advise them of BK, providing copies of Petition and page listing them as creditor and hopefully they'll dismiss suit.
    Answer Applies to: Indiana
    Replied: 2/21/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    You need to file a notice of bankruptcy with the court that the creditor filed the lawsuit. If the creditor received notice of the bankruptcy and filed the suit anyway then you may be able to pursue sanctions against the creditor on the bankruptcy court
    Answer Applies to: Indiana
    Replied: 2/21/2014
    Danville Law Group | Scott Jordan
    Are you represented by an attorney? If you are, you should give your attorney the summons and s/he can act to stop the lawsuit. If not, you need to contact the attorney for the creditor and send them the Notice of Bankruptcy Filing. If they do not act to stop the lawsuit, you will need to file a Notice of Bankruptcy Filing with the court where the lawsuit was filed. In either event, if the creditor does not stop the lawsuit, you can sue them in Bankruptcy court for breaching the Sec. 362 automatic stay.
    Answer Applies to: California
    Replied: 2/21/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    If the credit card company was properly noticed they are violating the Fair Debt Collection act. I would send them a copy of the BK notice and Schedule F where they are listed and see if they dismiss the case. If not I would counterclaim malicious prosecution.
    Answer Applies to: California
    Replied: 2/21/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Yes. Contact the attorneys reopen resenting the creditor and give them your bankruptcy case information. If you did not also list and notify the collection agency or the law firm they had no way if knowing about the bankruptcy. If you have a lawyer, contact him or her immediately.
    Answer Applies to: Colorado
    Replied: 2/21/2014
    Lynch Law Offices, P.C. | Roseanne N. Lynch
    If you have already received a Discharge of the Debt you should show that to the company suing you. It may be that the debt you are speaking of is non-dischargeable but the lawyers for the company suing you should be able to tell you that after you provide a copy of the Discharge document. If that company is harassing you and the debt was discharged there is action you can take under the Fair Debt Credit Collection Act. Once you have more information about the debt and whether it was discharged or not contact an attorney.
    Answer Applies to: Illinois
    Replied: 2/21/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can sue them for automatic stay violation. I normally send one warning letter to withdraw the lawsuit,, if they do not then I sue them
    Answer Applies to: New York
    Replied: 2/21/2014
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    Yes, sue the creditor in Bankruptcy Court for violation of the discharge. Call your bankruptcy lawyer.
    Answer Applies to: Washington
    Replied: 2/21/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Obviously you need to tell your bankruptcy lawyer.
    Answer Applies to: South Carolina
    Replied: 2/21/2014
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