Legal Question in Credit and Debt Law in Virginia
I am a small collections company trying to get some clarification on an issue....I have a creditor who turned over a debtor to an attorney's office in 2001, they received judgment in December 2001, they did a successful garnishment in january 2002 and then the debtor filed Chapter 7 in 2004....What are my rights to collect the outstanding balance after the garnishment?
1 Answer from Attorneys
This will depend completely on what the Bankruptcy Court ordered. In general, I would say that the debt was discharged in the bankruptcy and you cannot collect on it. However, that depends on whether the debtor listed the debt on his bankruptcy petition and whether the Bankruptcy court ordered the debt discharged. Most likely, if the debtor handled the 2004 Chapter 7 correctly, then the 2001 judgment would have been explicitly listed and the bankruptcy court would have explicitly ordered it discharged (erased). If the debtor did not list the debt on the 2004 bankruptcy, then it would not be discharged.
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