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Zombie debt after discharge

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  • Zombie debt after discharge

    My husband and I filed a chapter 7 no asset case in Michigan in March 2012, and were discharged in July. Just when I thought the nightmare was over....my husband gets a call from someone from World Recovery Services about a debt from 2006. It was not listed in our petition, because it was not on any of the credit reports. It was from an overdrawn bank account, long forgotten about. My attorney is saying it would have been discharged anyway, and not to worry. But these sharks will not back down, and are saying because they didn't recieve notice they have a right to pursue us. I am in Pennsylvania now and have visions of being sued. Does this merry-go-round ever end?

  • #2
    Trust the word of your attorney over the word of a debt collector. You were no asset. end of story.
    8-07-09-filed Chapter 7
    11-18-09-DISCHARGED!!

    Life is not what challenges you face, but how you face those challenges.

    Comment


    • #3
      Originally posted by Lolabeagle View Post
      I am in Pennsylvania now and have visions of being sued. Does this merry-go-round ever end?
      You have to be assertive. The item WAS discharged and they are in contempt of court and violating the permanent discharge injunction. f they call you again or contact you in any way (including by mail), tell them the following.

      "If you do not understand Bankruptcy and the permanent discharge injunction, then you should put someone else on the phone who does. I highly suggest that you contact an attorney. You are in contempt of court. If I receive one more phone call, email, letter, directly or indirectly, I will have my attorney re-open the case and find you and your company in contempt of a court order . Your company could be ordered to pay damages both actual and punitive."

      "If you keep talking over me or trying to control this conversation, then my attorney will re-open the case, and YOU can talk to the judge."

      "Your notice happened the first time you called me and I told you that I filed bankruptcy. I provided my case number and discharge date. That is called "ACTUAL" notice, in case you don't understand bankruptcy. Now that you KNOW that I filed bankruptcy, YOU should seek legal counsel on what you are allowed to do. There is no such thing as "not knowing" once you are told and continue to pursue a discharged debt."
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog


      I am not an attorney. Any advice provided is not legal advice.

      Comment


      • #4
        Originally posted by justbroke View Post
        The item WAS discharged and they are in contempt of court and violating the permanent discharge injunction.
        Even though they weren't included on the petition, the debt is still considered to be discharged?
        Filed Chapter 7: March 19, 2012
        Discharged! June 28, 2012
        CLOSED!!! August 8, 2012

        Comment


        • #5
          Originally posted by bookworm View Post
          Even though they weren't included on the petition, the debt is still considered to be discharged?
          If the case was a no asset case, yes. They weren't harmed by not getting notice because they wouldn't have gotten anything anyway.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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          • #6
            Could be a cash opportunity for you.... sanctions, baby, sanctions. A grand a pop.... I'd be thinking, yeah, call me some more!!!

            I just <3 the idea of beating these scumbags at their own game.

            Keep On Smilin'

            Comment


            • #7
              Originally posted by keepsmiling View Post
              Could be a cash opportunity for you.... sanctions, baby, sanctions. A grand a pop.... I'd be thinking, yeah, call me some more!!!

              I just <3 the idea of beating these scumbags at their own game.
              Seriously! Let them keep calling you, and enjoy the windfall.
              Filed Chapter 7: March 19, 2012
              Discharged! June 28, 2012
              CLOSED!!! August 8, 2012

              Comment


              • #8
                Some bottom feeder called us as well and we wrote them a letter along the lines of what LITR outlined and they went away. Never ever ever admit verbally or in writing that you owe anyone anything on debts incurred prior to you filing BK because you don't. Admitting that a debt exists just adds complexity to your case if you do decide to open your BK case and haul them into court. These third party debt collectors get their money from the ill-informed and the timid. You have come the the right place to be informed now all you have to do is stay strong.
                Lawyer - $3000
                Filing fee - $299
                Fresh Start - Priceless

                Comment


                • #9
                  From just one of my stay violations, I received nearly $3K. About a year ago, a Judge in the Middle District of Florida awarded something like $80,000 on a stay violation! I can't recall the details, right now, but I believe it was a utility company that kept billing the debtor... even after the debtor and the attorney demanded that they stop multiple times. it was so bad, the judge threatened serious punitive damages the next time.
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog


                  I am not an attorney. Any advice provided is not legal advice.

                  Comment

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