I recieved a phonecall today asking to speak to my wife, it was from one of the creditors we have listed on our creditor matrix. We were discharged on 12/07/05. Should we still be getting calls?
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No, no creditor should be calling you.
Personally, I would contact the creditor by phone, inform them the case was discharged on 12/07/05 and that they have violated the automatic stay.
Did you file pro se? If you did, I would also inform them that if you are contacted again by them you will contact the BK Trustee. I would then followup with a letter sent CMRRR.
If you hired an attorney, I would tell them you are turning this over to your attorney for possible sanctions.
Keep in mind, the creditor may not have received notice that your BK has been discharged. However, they are still bound by the rules of the BK court which includes no contact unless through your attorney or the court itself. If they have received notification or checked Pacer, they still have no reason to be contacting you. The debt has been discharged and they can not legally go after you for the debt unless you reaffirmed the debt.
I guess we need a bit more information, i.e., was this debt discharged or reaffirmed? -
Was this a creditor for a secured debt? If so, I imagine they could contact you to discuss picking up the item/property.Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.Comment
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