Creditor Suit Filed after discharge

[defense111]

One of the creditors that was discharged as a part of my Chapter 7 (discharged back on Feb 2010) has decided to file suit. Several questions and concerns:

1) I do not have any funds to pay an attorney to file an answer to the suit.

2) Since the creditors account was a part of the discharge, is it as easy as providing evidence that their account was included as part of the bankruptcy and the suit will be waived?

3) If a full answer is necessary, would it be reasonable to consider filing an answer to the suit by myself?

Thank you in advance.

[keepmine]

Bring this to the attention of your attorney.
If this is the sort of debt that is eligible for discharge then, the lawsuit violates the permanent injunction prohibiting collection activity. The plantiff will be liable for your legal fees.

[HMT]

This is an egregious violation of the law I'd send in an answer and show up to court. Not sure but think you'd be able to counterclaim.

[wonderingrov]

You may want to check around for a good attorney that specializes in debt relief/collector harrassment. A lot of them work on a contingency basis (meaning they only get paid if they win the case). Check with your bankruptcy lawyer first (if you were happy with them) to see if they handle this sort of thing.

From your post, it looks like the account was listed in the bankruptcy. As long as it wasn't a nondischargeable item like a student loan (or a situation where they filed an AP and received an exception to that debt being discharged), then trying to collect on it constitutes a violation. That should be a pretty easy win for a lawyer.

[defense111]

Has anyone else been through this? I am assuming that this isn't ordinary (or is it becoming more ordinary?)

I live 5 hours away from the county and state that I filed BK, so showing up in court (for me) is a major hassle and a full day of missed work.

If I were to file a countersuit - what should I expect as far as additional time and/or involvement. Also, what kind of damages could one reasonably expect to recover?

Obviously, I will consult legal counsel, but just wondering what the general consensus is...

Thank you.

[defense111]

I spoke with legal counsel this morning - a few observations about our conversation:

1) He agreed to prepare and deliver a letter to the creditor and court for a fee of $75.
2) He feels that the letter should be the end of it and would be surprised if it goes any further
3) He was reluctant to agree that the Plaintiff should/would repay any costs
4) He didn't share the vigor of the forums "that's illegal, let's go get 'em" attitude.
5) I assume that since he is busy making money (pre-paid) on BK filings, he doesn't get excited about a contingency court case...
6) I hope that the letter does the job, otherwise I feel like I am falling into the clutches of full fee litigation (which is ridiculously expensive)

Your thoughts...

[daytona]

Maybe you should call the creditor and let them know that the debt was discharged in your BK filing and they should have that information...then give them your case number. that they should already have on file..after they fumble around let them know that you are taking an opportunity to let them know they are violating a federal court order and your discharge, then ask them when to expect to receive notice from them of dismissing the case. Tell them you expect a Fed Ex confirmation of the suit dismissal within 3days...otherwise they can take things up with the Ferderal judge....