Legal Question in Bankruptcy in California

Can i sue in small claims court both an attorney and his client for continued attempts to collect a debt that was listed and bankrupt over 10 years and they both are VERY aware that creditor and his attorney were listed and bankrupt ! I also hired an attorney to write them to stop a civil court debtors examination in which i was serve paper to appear that since was taken off calendar My attorney said if they didn't we would reopen my BK case and go after them but i rather do it myself in small case to get my attornet fees and punitive damage is this doable ?

Asked on 6/08/19, 8:29 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Did the attorney send them a copy of the bankruptcy list of creditors and schedule F, notice of bankruptcy discharge, and tell them the debt was discharged in your Chapter 7 bankruptcy? If they continue to try to collect, then you would want to bring an action in bankruptcy court. The penalties could be serious, especially for the lawyer knowingly continuing to try to collect. You might want to reiterate what is in the first sentence in a letter sent by certified, return receipt mail to the attorney. Keep a copy for your records.

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Answered on 6/08/19, 8:37 pm

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