What do I do at this point if the creditors continue to harass and are my rights being violated? 8 Answers as of September 09, 2015

My husband filed chapter 7 bankruptcy. It was discharged on 04/27/15 and was closed on 07/06/15. We had one account that we were going to reaffirm, however the judge ruled against the reaffirmation on the account which for a title loan against my 2 vehicles, stating that paying this account would cause undue duress and the interest rate charged was too high. We filed the proper forms to set aside this account as noted by the judge was to set aside this account and add to the bankruptcy. However, the creditor continued to pursue and harass this account that was added to the bankruptcy.

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Ronald K. Nims LLC | Ronald K. Nims
If it's an auto loan, the creditor is entitled to repo the cars but they are not allowed to harass you for payment.
Answer Applies to: Ohio
Replied: 9/9/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
The lien did not go away. The debt is secured by the car. If you keep paying you can keep it. If you stop paying and they repossess it, they can't get any money from you. All they get is the car. Sorry for the delay in answering.
Answer Applies to: California
Replied: 9/2/2015
Stephens Gourley & Bywater | David A. Stephens
Unless the judge released the title loan completely, you will still have to pay them something to get the title to your car back, unless you do not care about the car. Are they aware that the loan was not reaffirmed. You should so advise them in writing and if it continues seek contempt.
Answer Applies to: Nevada
Replied: 9/1/2015
Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
The creditor should leave you alone at this stage and not contact you.
Answer Applies to: New York
Replied: 8/31/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
A strongly worded letter from your husband?s bankruptcy attorney about pursuing a discharge violation may resolve this issue. If your husband was not represented in his Chapter 7, finding an attorney to file suit for a discharge violation is going to be a problem as many attorneys will not work on a case where the debtor filed pro se.
Answer Applies to: Nevada
Replied: 8/31/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Of course this creditor is likely violating the Discharge of 11 USC sec. 524. There is a chance that the creditor is not doing so knowingly since the creditor presumably has a signed reaff. agreement in hand, and may not be aware that the Court did not approve the reaffirmation. So...if you had a lawyer in the case, discuss with him or her the desirability of filing a Motion for Contempt against this creditor. If you had no lawyer, it would likely be a good idea to retain one. But I do think that a single warning letter to the creditor, informing it of all the relevant facts and written in a polite but firm manner, might stop the harassment. And the fact that you did give a warning will look better in your motion papers if you must go for contempt.
    Answer Applies to: Wisconsin
    Replied: 8/31/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If the creditor is seeking to repossess the cars, that is its right, if it seeking to collect the deficiency after the cars are repossessed and sold it is wrong. See your bankruptcy attorney.
    Answer Applies to: Michigan
    Replied: 8/31/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Reopen your case and file for a discharge violation against that creditor.
    Answer Applies to: New York
    Replied: 8/31/2015
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