Wasn't sure where this should be

[Bobbi]

How do I file against a creditor discharged in my Chapter 7. They have sent letters, from a different lawyer each time, all during my case, and I just sent the case number and didn't complain. Well, I just got another letter, telling me that they are going to sue me if I don't pay them by May 14th. They also told me that my actions were fradulant(well unlawful conversion is what they said), and they will seek punitive damages that are not dischargable in bankruptcy and will be collected until I die, and then taken from my estate. My only income is my disibility from the us government, and the creditor in question is an individual who received cash in exchange for checks people wrote for her photography services. I have notorized affidavits from witness' that were present when she received the money, and she basically milked on my pity, "oh, I can't pay my lights and my bank account is overdrawn, can you help me" kinda thing. She was a friend, and now she is acusing me of not giving her the money. I did include her in the case, as disputed, because of the correspondence......

how can i file suit against the unfair collection practices?

i was prose for the chap 7

[Flamingo]

If the creditor was discharged in your BK, send them a copy of your discharge and the creditor matrix showing the creditor as being part of the BK and discharged. Once a creditor is discharged, they are not allowed to come after you for payment of the discharged bill. Since you filed pro se, call the BK Clerk of Court at which you filed, tell them a BK discharged creditor is harrassing you for payment of the discharged debt and see if they will advise you what steps to take if they continue to harrass you for payment. We were represented by an attorney for our filing and we were sent, after discharge, instructions on what to do if creditors came after us following discharge, but it was basically to contact the lawyer who would handle the issue.

Hopefully there are some other pro se filers on here who have been in your situation and can further advise.

[Runnin on empty]

Agreed with Flamingo. As long as that creditor was included in the BK, they can't touch you. Typical, they try using bullying tactics and hope that you'll slip up and agree to pay or whatever.

Tell 'em to go take a long walk off a short pier with that creditor matrix letter.

[soleprop]

word. don't stress this, make the bankruptcy court take care of you!

[keepmine]

Were I you, I'd start calling some bk lawyers and see if they'll handle something like this on a contingency.
Also, the lawyers may well meet the definition of a 3d party debt collector per the FDCPA and have liability for various FDCPA violations dealing with unfair methods in an attempt to collect a debt. For example, suing you over a discharged debt, the threat to garnish income exempt from garnishment. Did the letters have the "mini-maranda". This is a communication from a debt collector,etc.

[PaKettle]

I would send them a copy of the Discharge AND note that they were listed (copy of the page on petition showing them listed?), and a page printed from the net explaining the law that says they are not allowed to collect and if they attempt to collect then you will prosecute them for harrassment and THEY will be subject to hefty fines.

Make the letter you send them look like it might come from an attorneys office - very official looking and using legalese.

[Bobbi]

Were I you, I'd start calling some bk lawyers and see if they'll handle something like this on a contingency.
Also, the lawyers may well meet the definition of a 3d party debt collector per the FDCPA and have liability for various FDCPA violations dealing with unfair methods in an attempt to collect a debt. For example, suing you over a discharged debt, the threat to garnish income exempt from garnishment. Did the letters have the "mini-maranda". This is a communication from a debt collector,etc.

nope, he left that off his letter, which i know is a violation of the fdcpa, and he said i have 2 weeks to deliver the money or he files suit.

[biotechsolution]

bobbi.. the bk court really isn't going to do anything for you..it's not their job...what you will have to do is file a motion to reopen you bk. will cost around $250...in you motion to reopen you will include an adversary proceeding for violations of sec. 524(a)(2) of the bankruptcy code and to show 'cause' for sanctions.. The bankruptcy court will give sanctions but is normally just fof attorneys costs and actual damages.

It's a pain but will get your creditor into court and the court can see their harassing and you may get more damages.

[Bobbi]

bobbi.. the bk court really isn't going to do anything for you..it's not their job...what you will have to do is file a motion to reopen you bk. will cost around $250...in you motion to reopen you will include an adversary proceeding for violations of sec. 524(a)(2) of the bankruptcy code and to show 'cause' for sanctions.. The bankruptcy court will give sanctions but is normally just fof attorneys costs and actual damages.

It's a pain but will get your creditor into court and the court can see their harassing and you may get more damages.

if i reopen, will they be able to nail me for this debt?

[CindyLou]

So, let 'em sue you. Then you can show up in court with your BK papers the judge is going to dismiss their case!!!!!!!

[Bobbi]

So, let 'em sue you. Then you can show up in court with your BK papers the judge is going to dismiss their case!!!!!!!

that is what my husband said, let them spend the money, and have it thrown out, so they learn a valuable lesson.......my only hesitation is the fact that I am pregnant(no-not planned at all!), high risk because of my illness, in bed, and expecting a baby sometime in the very near future. This is a heck of a thing to have to face when you are about to have a preemie....so i am all stressed about it.