Legal Question in Bankruptcy in Virginia

In 2004, I filed a Chapter 7 Bankruptcy....I was recently contacted by a collection company collecting on behalf a creditor that I filed against. After this phone call, I pulled my old bankruptcy paperwork. What I found was that I filed against the attorney who originally handled this creditor's collections not actual creditor...Can they still go after the debt I owe?

Asked on 9/27/13, 6:43 am

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Well, first, it is probably barred by the statute of limitations, which prevents them from suing but probably not from contacting you to try to collect through voluntary payment. But don't acknowledge that you owe the debt.

As for your actual question, even an unscheduled creditor is discharged if the case was a no-asset case with no proof of claim bar date issued. If there was a bar date set, then the question is whether the creditor had actual notice of the bankruptcy, which it probably did if the lawyer was still their lawyer at the time.

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Answered on 9/27/13, 7:29 am

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