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    #1

    Attempting Collection after Discharge

    One of the creditors included in my fully-discharged (as of October 2010), is now attempting to collect. This creditor was my divorce attorney, who counseled me through an extremely acrimonious divorce, and actually it was upon his advice that I began the BK process.

    He was included in my list of creditors, he didn't file any objection, nor did we enter into any formal (approved by the BK Judge) reaffirmation agreement.

    It is my understanding that without an official, signed, approved (by the BK Judge) reaffirmation agreement, that he CANNOT come after me for the debt. Am I wrong on this? I filed in Los Angeles, and my (brief) research indicates that different BK courts in different states treat these reaffirmations differently (some courts are even known for RARELY approving ANY of them)...

    Some insight/advice/thoughts/help on this would be greatly appreciated.

    Thanks!
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    #2
    Hi

    If you included him in the filing, and he recieved all the paperwork, and you did not sign any reaffirmation agreement then he has NO grounds for collection.

    But did you enter any informal reaffirmation? Meaning did you gave a verbal agreement - some folks do that with family members that they had to include in their filings. I only ask because you keep talking about a formal, approved by the courts reaffirmation, did you tell him "hey I have to include you but I really want to pay you back" kinda thing?

    If not then for 44 cents you can mail him a copy of your discharge papers along with a C & D letter.
    Filed Pro Se: 11.12.2010 ~ 341: 1.12.2011 ~ Discharged: 3.9.2011 ~ Officially an Asset Case: 3.30.2011 ~ Last Day to File Asset Claim: 6.28.2011 ~ Trustee Final Report: 8.1.2011 ~ Asset Distribution: 8.31.2011 ~ Case Close: 11.15.2011

    Comment

      #3
      I doubt seriously that a lawyer would not somehow make sure that his fee would not be carried over past a BK.

      Comment

        #4
        There was no reaffirmation agreement. He did not file a creditor's objection, and was served all paperwork regarding the BK petition and filing. There might have been informal conversations about "wanting" to pay him back, but nothing formally written up.

        Would those casual conversations somehow create liability for the debt in lieu of an actual reaffirmation agreement?

        Comment

          #5
          The debt was discharged. If you got a billing statement, call him. Most likely he forgot to tell his office staff to delete you from the billing cycle. Happens all the time, especially in a smaller firm.

          Des.

          Comment

            #6
            Even if there was verbal dialogue about wanting to pay him back, legally, if it's not in writing, it didn't happen.
            Last edited by DebtHater; 06-22-2011, 04:59 AM.
            Chapter 7 filed December 11, 2009, 341 Meeting held on January 7, 2010
            Deadline to File a Complaint: March 8, 2010

            Discharged and Closed March 11, 2010

            Comment

              #7
              Originally posted by CleanSlate65 View Post
              One of the creditors included in my fully-discharged (as of October 2010), is now attempting to collect. This creditor was my divorce attorney, who counseled me through an extremely acrimonious divorce, and actually it was upon his advice that I began the BK process.

              He was included in my list of creditors, he didn't file any objection, nor did we enter into any formal (approved by the BK Judge) reaffirmation agreement.

              It is my understanding that without an official, signed, approved (by the BK Judge) reaffirmation agreement, that he CANNOT come after me for the debt. Am I wrong on this? I filed in Los Angeles, and my (brief) research indicates that different BK courts in different states treat these reaffirmations differently (some courts are even known for RARELY approving ANY of them)...

              Some insight/advice/thoughts/help on this would be greatly appreciated.

              Thanks!
              This is only my opinion; this person did you very well. Now that you have no debt, you could afford to do the creditor right in that he helped you out and you are pleased with the results. You have no legal problem with not paying him, but in this case, perhaps moral? You may need a good one like him in the future and you would close the door in bad faith to a good person. As I said, only my opinion. 'Hub
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

              Comment

                #8
                Originally posted by AngelinaCatHub View Post
                This is only my opinion; this person did you very well. Now that you have no debt, you could afford to do the creditor right in that he helped you out and you are pleased with the results. You have no legal problem with not paying him, but in this case, perhaps moral? You may need a good one like him in the future and you would close the door in bad faith to a good person. As I said, only my opinion. 'Hub
                I agree 'Hub. There are a couple of creditors that I am paying due to a moral obligation, not a legal one.

                However...... Chase, BOA, etc. You ain't it!
                All information contained in this post is for informational and amusement purposes only.
                Bankruptcy is a process, not an event.......

                Comment

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