Legal Question in Bankruptcy in New York

Re: Discharged debt collection

If Debtor signs an agreement to repay a debt during the process of a bankruptcy proceeding (called a reaffirmation agreement), Bank can collect on the debt. Note that reaffirmation agreements are signed AFTER the petition is filed and BEFORE the court orders a discharge.

If the debt is properly listed in Debtor's schedules and no reaffirmation agreement is signed, Bank, by trying to collect, puts itself in violation of the court order that discharges Debtor's liability on the debt.

If Debtor borrows from Bank AFTER a bankruptcy petition is filed, Bank can collect.

If you had a lawyer representing you in your bankruptcy proceeding, contact that lawyer to tell him or her about Bank's attempt to collect. If you did not, it would be wise for you to hire one to help you out with this problem. You can get referrals from the NYState Bar Association (www.nysba.org) or perhaps from your local county bar association. If you can't afford a lawyer, your county's Legal Aid Society provides legal services free of charge to clients whose income is below a certain level; you can contact them to see if you qualify.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: Discharged debt collection

If the Collection agency contacts you, they may be in Violation of the Automatic Stay. Send them a Certified Letter with a copy of the Bankruptcy Filing Notice, and a letter telling them to stop. Then keep any collection letter that they send you. This is your evidence.

I have Sued Creditors or Law Firms who Violate the Automatic Stay.

Who is the Judge on your case?

New York Bankruptcy Attorney, Bankruptcy Lawyer in Brooklyn New York

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