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Debt that was discharged but keep getting letters to pay up


thecrew74
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I filed bankruptcy and it was discharged in 2010. Within the last year I have been getting a letter from a company telling me I owe the money and I must pay it. I just found this forum and I will spend sometime reading previous post but I would like to hear from some people that have gone through this before and what steps you think I should take. My lawyer told me to send the company a copy of the discharge but I honestly don't want to send them any of my information. 

 

I look forward to hearing from you all :) 

 

Thank you,

 

Stephanie

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The company may have bought the debt not realizing that it was included in BK.  You have NO fear of sending them a copy of the discharge and indicating that this debt was included in that case.  If they continue collection efforts they are in violation of the BK court and you can sue them.

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First off, we need to determine if the debt is really discharged. There are 2 points to consider:

1) Is the debt non-dischargable according to law. Student loans, Child Support, Recent taxes, or debts due to fraud or negligence (such as DWIs) fall into this category. In the case of fraud though, if the debt was on the debt's worksheet, then they lost their chance to apply the law because it would have had to been done before the case was closed.

2) The debt was not reported on the debt worksheet for the bankruptcy. In this case, there is a 2nd test and that if the case was an asset or no asset case. If the case was a no asset case, then this does not apply. If the case was an asset case, then the creditor could argue that they were prejudiced and/or harmed by not being on the worksheet and hence, not notified of the bankruptcy.

If the above 2 do not apply, then the debt was discharged. You can send a copy of the discharge which contains no personal information. You can also write the creditor a letter including the case number and informing them of the bankruptcy. Realize that the case is public record and hence, anyone can look at it anyways so being afraid of sending the discharge is kinda like closing the barn after the horse took off. Don't worry about it.

So send the discharge and let them know that they would be liable under the BK laws and they will probably stop collections because the BK laws are way more powerful than the FDCPA.

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