Legal Question in Bankruptcy in Connecticut
Creditor on discharge papers demands payment.
A creditor on my discharge papers has demanded payment over 6 months after my Chapter 7 Bankruptcy was completed.
This phone company claims they knew nothing about the bankruptcy but the court notified them when the petition was filed.
Can the court fine them for harrassment and can I also file a lawsuit against them.
1 Answer from Attorneys
Re: Creditor on discharge papers demands payment.
You should send the creditor a copy of your schedule of unsecured claims showing their inclusion along with a copy of the face sheet of your voluntary petition and your discharge along with a strongly worded letter that 11 U.S.C. Section 524 makes it illegal for a creditor to continue efforts to collect a debt that has been discharged. They should also be made aware that any judgments they obtained against you to collect a previously discharged debt are void at their inception, so at a minimum, they would be wasting their time in trying to collect on the debt. This information should be handled by the attorney who prepared your petition. Good luck.
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