Lien Renewal after Chapter 7

[cdwrep]

Ok, so we did a Chapter 7, filed in 11/2001 and fully discharged in 2/2002.

We listed all creditors and all collection agencies that might have been handling for creditors. No creditor objections filed, our BK was discharged with no hitches. (In New York).

Two months ago, 09/2008, we get served papers from one of the Lawyers representing a creditor (both were named as creditors in our BK package), that they intend to renew the original lien that was already on file pre-BK.

I advise them that all their debts were discharged in BK, they continued to file and have now sent us a collection notice to work out payments.
(And the lien was renewed.)

Is this legal? what should I do next, I was planning to send a letter, that includes all copies of the BK paperwork, including discharge notice to them and demand they stop all collection efforts.

Short of going back to a lawyer, anything else I should do?

[Tbornetun]

That sounds good, start there. What kind of lien is it? What are they placing a lien on?

[cdwrep]

Sorry, my error, it was a judgement, not a lien.

It was from a furniture company.

[lrprn]

If you haven't already, get off the phone and send the company a registered, return-receipt, certified copy of your bankruptcy discharge papers showing the debt as listed and discharged. Include a polite but firm letter stating that you intend to pursue legal action against them if they continue to illegally pursue collection of this 'debt' as a violation of your automatic stay.

Also contact your original bk lawyer in NY to advise him/her about what is happening here. If he/she is unable or unwilling to help you, then contact 3-4 bk lawyers in your area to discuss your options.

What this company is doing is a flagrant violation of the bk law. Bankruptcy judges take a very, very dim view of creditors who try to strong-arm filers into paying debts that were wiped out in bankruptcy. This company is hoping you wil cave and pay the debt - the scum. Don't do it. You can fight back - all it is likely to take is sending one letter that you can prove they received. Give it a try.

If for some reason this company is too stupid to accept they are violating the law, then be sure to watch for any attempts to take you to court to collect this - then you want to send the letter I mentioned proving the debt is discharged directly to the court judge. That will definitely do the trick and stop this nonsense in its tracks.

[Tbornetun]

THey can go away, send them the letter you described with all the information and see what they respond with.

Let us know your progress.