What should I do about threats from creditors after a bankruptcy discharge? 12 Answers as of August 17, 2015

I've received two letters from a third party debt collector, representing a jewelry store. I received a complete chapter 7 discharge in December 2014. The letters arrived very recently. The company states I have to pay the debt, or they will be forced to take action. Should I just ignore the letters, and potential phone calls, and kind of wait it out, or what should I do? I appreciate anyone taking the time to read this.

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GARCIA & GONZALES, P.C. | Richard N. Gonzales
Not enough information here to give you legal advice. You can surrender the property. I would have to look at your BK schedules to know how to guide you. Have you contacted your BK attorney? That would be a good place to start. Good luck!
Answer Applies to: Colorado
Replied: 8/17/2015
Novakov & Associates, PLLC
Novakov & Associates, PLLC | LINDA S. NOVAKOV
Send the collection agency a copy of the petition which lists the debt and a copy of the bankruptcy discharge. If the threats continue, turn it over to the attorney who prepared the bankruptcy.
Answer Applies to: Kentucky
Replied: 8/17/2015
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Write them a letter and enclose a copy of your discharge orders along with the list of noticed creditors. If you contact your attorney, most will do this with little no additional charge.
Answer Applies to: California
Replied: 8/12/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You should call us, because this is a discharge violation and maybe a fdcpa violation for which you can sue for and collect damages. The creditor will also have to pay your legal fees so it costs you nothing to do.
Answer Applies to: New York
Replied: 8/12/2015
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
Assuming the debt was discharged in your BK you will want to contact the company and either provide them with the Court's district name and the case # so that the company can verify the fact that you filed BK and received a discharge of this debt. Case documents can be accessed using www.pacer.gov or you can send to them a copy of your Discharge Order. You can first attempt to do this by phone but if this doesn't work and for the purpose of having evidence of such communication, the information should be communicated to the company in writing with confirmed receipt. If after that collection efforts continue you can use that evidence to re-open the BK case and file a motion with the court to order sanctions against the company for violating the court's discharge order. Most creditors after realizing that a discharge was granted immediately close the file and stop collections. Likely the reason why they are attempting to collect is that they don't know about the bankruptcy and this can happen when debt is sold to a third party. If it becomes necessary to reopen the case, it should be fairly easy to hire an attorney to do it. Assuming there is good evidence to win sanction motion typically the attorney's fees will be paid by the party wrongfully attempting collections. Your attorney who represented you in the chapter 7 case would likely be interested in knowing about this situation and perhaps willing to do the letter for you as a follow up to the case. Hope this helps.
Answer Applies to: California
Replied: 8/12/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    The jewelry store might be claiming a "security interest" in the jewelry. Liens survive bankruptcy. You need to have a knowledgeable lawyer look at the sales contract.
    Answer Applies to: California
    Replied: 8/12/2015
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Call your lawyer they should not be doing that.
    Answer Applies to: New York
    Replied: 8/12/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    Try sending them a copy of your discharge order. If you listed the jewelry store as a creditor, send a copy of the schedule with the jewelry store listed along with the discharge order to be completely certain they back off. Then if they still pursue you, contact an attorney about legal recourse you have against them for violating the discharge order. They probably just don't know.
    Answer Applies to: Oregon
    Replied: 8/12/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Consult your lawyer. He will likely suggest you file a contempt action against these creditorsafter giving them a firm but polite warning.
    Answer Applies to: Wisconsin
    Replied: 8/12/2015
    Bunch & Brock, Attorneys-at-Law
    Bunch & Brock, Attorneys-at-Law | W. Thomas Bunch II
    These letters may be violations of the fair debt collection practices act. You should talk with a lawyer about this.
    Answer Applies to: Kentucky
    Replied: 8/11/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    In some instances, a debt collector will be unaware of your bankruptcy. A demand for payment is not a threat. A threat is a criminal action, such as a statement that you or your family will be the victim of violence. It does you no good to overstate the facts when communicating with an attorney. Just send the creditor a copy of your bankruptcy discharge.
    Answer Applies to: Nevada
    Replied: 8/11/2015
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