In 2004, I filed a Chapter 7 Bankruptcy....I was recently contacted by a collection company collecting on behalf a creditor that I filed against. After this phone call, I pulled my old bankruptcy paperwork. What I found was that I filed against the attorney who originally handled this creditor's collections not actual creditor...Can they still go after the debt I owe?
1 Answer from Attorneys
Well, first, it is probably barred by the statute of limitations, which prevents them from suing but probably not from contacting you to try to collect through voluntary payment. But don't acknowledge that you owe the debt.
As for your actual question, even an unscheduled creditor is discharged if the case was a no-asset case with no proof of claim bar date issued. If there was a bar date set, then the question is whether the creditor had actual notice of the bankruptcy, which it probably did if the lawyer was still their lawyer at the time.
Related Questions & Answers
I filed chapter 13 in summer 2010. In late 2010- The MD Comptroller tried to collect... Asked 9/23/13, 6:56 pm in United States Virginia Bankruptcy Law
We are looking to file Chapter 7, I have 2 questions. If I a codsigner on my sons... Asked 8/27/13, 6:45 am in United States Virginia Bankruptcy Law
How can I get a dismissal of a filed chapter 7. I have a car that is NOT mine but... Asked 7/17/13, 12:02 pm in United States Virginia Bankruptcy Law
I have an question about bankruptcy. my wife and I have an Property and Settlement... Asked 7/01/13, 8:08 am in United States Virginia Bankruptcy Law
I have an question about BK. I need to file for an chapter 7 and I am going thru an... Asked 6/18/13, 1:27 am in United States Virginia Bankruptcy Law