What can I do about a credit card bill I keep receiving in my late husband's name that was discharged in a bankruptcy? 14 Answers as of March 10, 2011

My husband passed away in August 2007. I filed for bankruptcy in 2008 and it was discharged in 2008. I included a credit card bill from 2003 in my husband's name only. I tried to settle the bill before he died, but they would not let me since my name was not on the card. That is why I included the bill in the bankruptcy. Then late in 2010 I started receiving bills for this credit card bill in his name. What can I do? Thank you.

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Uriarte & Wood, Attorneys at Law
Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
send the creditor a copy of the death certificate and a copy of your discharge and tell them to stop bothering you. It is likely that any statute of limitations has expired, so if they did not previously file suit and get a judgment, they are out of luck.
Answer Applies to: California
Replied: 3/10/2011
David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
Hire an attorney to send them a letter explaining that he died without an estate.
Answer Applies to: Missouri
Replied: 3/8/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
See a lawyer that know something about the Fair Debt Collection Practices Act. You have a great case. You can sue them.
Answer Applies to: California
Replied: 3/6/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Notify the CC company that the debt was discharged and your husband has passed away.
Answer Applies to: Washington
Replied: 3/6/2011
Law Offices of Geoffrey Nwosu
Law Offices of Geoffrey Nwosu | Geoffrey Nwosu
I am very sorry about the death of your husband. Some collection agencies do not play by the rules. It appears that may be that they are not aware that the credit card debts has been discharged in bankruptcy or that your husband has passed away. This sounds like a simple problem that should be resolved by sending the dischage order or a letter informing them of your husbands death.

Alternatively, you may schedule appointment with the bankruptcy lawyer who filed the bankruptcy for you in 2008 to discuss the issue since he is the one most familiar with your case.
Answer Applies to: California
Replied: 3/6/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    Send them a copy of the bankruptcy Schedule where you listed the debt and a copy of your discharge. If that doesn't do it, you should talk to an attorney about the remedies in bankruptcy court.
    Answer Applies to: California
    Replied: 3/6/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Send them a copy of his death certificate and your discharge.
    Answer Applies to: California
    Replied: 3/6/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    Step 1: Write them and explain that he is deceased and that you discharged your liability for this debt in bk. Be sure to provide them with a copy of the death cert. and your notice of bankruptcy. If they insist on sending you bills after that, you can sue them for violating the permanent injunction in place from your bk discharge. Take Care.
    Answer Applies to: California
    Replied: 3/6/2011
    The Carmichael Firm
    The Carmichael Firm | Booker Carmichael
    Send them a copy of your discharge order and your list of creditors in the bankruptcy. If you dont have this, you can go to the bankruptcy clerk of court and they will provide a copy w a small charge. Also send this to all 3 credit bureaus. If they continue seek an attorney regarding filing a lawsuit based on FDCPA law.
    Answer Applies to: Louisiana
    Replied: 3/6/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    If it is in his name, you are not responsible. Call them and tell them if they send it again you will file suit. You should not have been able to bankrupt his debt.
    Answer Applies to: Alabama
    Replied: 3/4/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Your Husband is dead and you discharged these bills in Bankruptcy. Throw them in the trash.
    Answer Applies to: Tennessee
    Replied: 3/4/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    You need to send them a letter explaining that the debt was discharged. If the debt was scheduled, send the schedule showing that debt and the discharge order from the Court. Send the letter certified and keep a copy of the letter and track receipt of the letter on the U.S. Postal Service website or request a return receipt. You then explain in that same letter that if they send you any other letter collecting on that debt or do anything else to try to collect on that debt, you will file a motion for sanctions for violation of the automatic stay and will request reimbursement of attorneys' fees and costs.
    Answer Applies to: California
    Replied: 3/4/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Have you informed them that he passed away? Any obligation you had on the debt was discharged in your bankruptcy case, and the fact that your husband is deceased makes it impossible to collect from his as well. I would contact the credit card company and inform them of the situation and provide whatever documentation they require.
    Answer Applies to: California
    Replied: 3/4/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You dont have to do anything if it comes in his name. You discharged it in your case and they cannot come after you anymore. So, you can just throw it away. The other option is to give the creditor a copy of the death certificate to show that he passed and that they cannot collect against him or you now.
    Answer Applies to: California
    Replied: 3/4/2011
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