Legal Question in Bankruptcy in Maryland

My son took out a loan in 2006 which I was a cosigner on. In 2010, I filed for a chapter 7 bkruptcy which this loan was listed. As of today 2016, the financial institution continues to contact me for the payment of this loan. This loan was discharged. Why are they contacting me still? What should I do?


Asked on 1/16/16, 8:21 pm

3 Answers from Attorneys

Daniel Press Chung & Press, P.C.

They are violating the discharge, unless the loan was not discharged (for example, if it was a student loan). If they don't resolve this by agreement (including stopping and usually paying some damages), you would bring a contempt proceeding in the bankruptcy court. Contact your bankruptcy lawyer, or another experienced bankruptcy lawyer to advise you and represent you in this process.

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Answered on 1/17/16, 5:54 am
Laura Margulies Laura Margulies & Associates, LLC

Assuming it was not a student loan, the requests for payment are improper. Call your bankruptcy lawyer who should be able to handle this for you.

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Answered on 1/17/16, 6:03 am
Charles Andersen Charles Andersen, Atty

Your bankruptcy lawyer is not necessarily responsible for the post discharge automatic stay violation. Most bankruptcy courts have certain set out standards for what a lawyer is required to do to earn his fee. Post discharge stay violations are almost never part of what the attorney is expected to do for his fee.

I recommend that you contact a plaintiff's attorney who also handles bankruptcy such as the lawyers at http://abc27talkback.com to discuss filing suit for money damages and attorneys fee's against the creditor, and thank your lawyer for his service in the case

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Answered on 1/17/16, 4:08 pm


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