Legal Question in Bankruptcy in California
In 1997 I declared Chapter 7 bankruptcy and discharged certain debt to a Family Trust. My mother passed away 3 years ago and the Court appointed professional fiduciaries as trustees. The trustees are now trying to collect on the debt that I discharged in my 1997 bankruptcy. I'm certain they must be violating Federal Bankruptcy Law, but what recourse do I have? Do i need to hire an attorney or is there an agency I can report them to that will deal with it on my behalf?
1 Answer from Attorneys
Are the trustees aware of your bankruptcy discharge?
If they are, they may be violating the Federal Fair Debt Collections Practices Act and Section 362 of the US Bankruptcy Code.
You should hire a local bankruptcy attorney to decide if you have a case. The good thing is that if the trustees are violating the law, they would have to pay for your attorney's fees and legal costs.
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