Re-open Chapter 7 while Chapter 13 is active

[DoctorWho]

I received a discharge on a Chapter 7 in 2009. I have had to refile a chapter 13 bankruptcy fighting a creditor that is trying to collect a debt that was listed in the chapter 7 to another creditor.

My question is - is it possible to reopen the chapter 7 to file a discharge violation complaint with it while the chapter 13 is active or do I need to file the discharge violations within the 13?

The original bankruptcies had attorneys, but the last time was so screwed up that I'm not paying an attorney to further lead me astray. I know what to file..discharge violation wise..but I'm unsure what to do about the active bankruptcy.

Any guidance will be most appreciated. As always, thank you in advance.

[despritfreya]

This post is confusing. What creditor and what debt is it trying to collect on? Was the creditor properly listed in your 2009 case? Was your 2009 case a "no asset" case? If the creditor was not properly listed is there any allegation that you committed fraud or some other type of intentional act?

Normally if a creditor is violating the discharge you would seek to have the creditor found in contempt of the discharge injunction and this would be done in the Chapter 7 which you would have the right to reopen. But you have not given enough details for me to figure out what is going on. Further, your posting history shows some issue with the lien holder on real estate and a major tax problem. Are these tied into your new issue?

Des.

[DoctorWho]

None of the things you asked applied.

I contacted an attorney who recommended filing an adversary proceeding in the active bankruptcy saying they violated the automatic stay of the chapter 7 by transferring the debt to someone else without notifying the court and now are trying to collect on it.

As for the comment about me having a major tax problem - I actually don't have that big of a problem paying them. If the main issue with the non-creditor would go away, they'd be paid in full immediately. Otherwise, they are being paid in installments since I've had to be out money on attorneys. I unfortunately had to make them a secondary priority.

Thank you for the input regardless.

[despritfreya]

I contacted an attorney who recommended filing an adversary proceeding in the active bankruptcy saying they violated the automatic stay of the chapter 7 by transferring the debt to someone else without notifying the court and now are trying to collect on it.

The part about transferring I do not think is actionable. However, if the debt was discharged and the assignee is trying to collect, you most certainly have a violation of the discharge injunction. Seeking contempt for such a violation is more properly brought to the Judge who issued the discharge and more properly actionable under the case number associated with the discharge. Having said that, certainly you can try for sanctions in the current case. The worst thing that can happen is that the Judge tells you to reopen the 7 - and it sounds like you are leaning towards doing this and I do not see your current case prohibiting this.

Des.