Legal Question in Bankruptcy in Minnesota

If a bankruptcy court has determined that a debt is not dischargeable can we resume collection/garnishment, or does that violate the automatic stay?

Asked on 10/02/15, 12:54 pm

2 Answers from Attorneys

David Kelly-952-544-6356 Kelly Law Office

I could answer your question better if I could take a look at the specific case involved. What I would expect is that the stay remains in place unless your order concerning discharge specifically lifts it. Typically the stay will expire on the day that all the other debts are discharged. When the discharge comes out, the stay is replaced by an injunction that won't apply to you. If it's a chapter 7, you don't have long to wait for that in most cases. Chapter 13 could be much longer, until after the payment plan is completed.

You must have had a lawyer handle your objection to the discharge. That lawyer is the person you should be asking.

This response is for general information purpose only and does not create an attorney-client relationship. It is not legal advice. Please consult the attorney of your choice concerning the details of your case..

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Answered on 10/02/15, 1:15 pm
Charles Andersen Charles Andersen, Atty

You would be in violation of the automatic stay even though a debt was declared non dischargeable.

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Answered on 10/03/15, 7:18 am

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