After the Bankruptcy court had closed the case with complete debt release for me, an individual refiled a small claims court case that I was not aware of, and had been included in the debts to be dismissed in the bankruptcy case. This happened in Cumberland county, NC. I just found out about it while asking about a loan to buy a house. I need to know, if something was in the bankruptcy file as a debt to be canceled by the court, and I have not re-avowed the debt, is it legal for anyone to seek a judgment against me? If not, what are my options since the judgment against me has been granted and this is now in my credit report.
1 Answer from Attorneys
Re: bankruptcy issues
If the debt was included in your case and you received a discharge they cannot proceed with any legal action in regards to that debt. Contact your ORIGINAL bankruptcy attorney and he/she can file suit against the person who continued the action.
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