Legal Question in Bankruptcy in Texas

I filed Bankrupty 7/27/14 , in Northern District Court in Dallas, Texas. The 341 Meeting of Creditors was on Sept 3,2014. There were no creditors present nor were there no documents filed with the court or the bankruptcy attorney. On Monday Sept 8,2014 I received a call from a creditor listed on the BK filings stating they were suing me for breach of contract. Then another call today Sept 10 saying I had 48 hrs to call and settle unless I wanted to incur additional fees they will prepare the first step in filing a summons in Chicago, IL. I live in Texas. Do I have anything to worry about? What should I do? The bankruptcy attorney says its BS, but says I should call them and tell them I am in bankruptcy; stated he cant make the call that I should; "its the way it works" Should I be concerned? It appears my attorney has received his money and dropped me off in the country alone.

Asked on 9/10/14, 11:23 pm

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Your lawyer is right. It is against the law to attempt to collect a debt from someone in bankruptcy. Your creditor has much more to worry about than you do. the creditor does file suit, then your attorney can file a notice of bankruptcy to stop the proceedings.

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Answered on 9/11/14, 5:00 am
Andrew Nichols Law Office of Andrew B. Nichols

What is occurring is called a "bankruptcy stay violation". Document every phone call you have received. It would probably be a good idea to go after the creditor that has violated the bankruptcy stay. You can contact my office if you want to pursue an action against them but the bottom line is the creditor cannot file any lawsuit against you in Chicago or in Dallas, or anywhere else!

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Answered on 9/11/14, 8:13 am

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