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After discharge creditor is threatening me

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    After discharge creditor is threatening me

    I received my discharge notice on July 7th without any creditors contesting during the probationary period. Thank God. Now one of my creditors who was on the list is contacting me and threatening a lawsuit (after the discharge). What is the best course of action? I have not engaged in any communication at all with them. I have contacted my attorney and he must be too busy to bother so I thought I'd throw it out here in the forum.

    #2
    I am not 100% sure, so wait for others to answer, but I think this is a violation of the law. If they were on the list and were notified along with everyone else, but chose not to respond, I think they are SOL now.
    DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011

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      #3
      I think they are playing the "we never received notice" card. Not sure. To me if they were on the list and there is a discharge they are "SOL". It is funny because I never heard from them for 60 days during probation period and then all of a sudden I hear from them. Hmm.

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        #4
        Originally posted by dtfulton123 View Post
        I think they are playing the "we never received notice" card. Not sure. To me if they were on the list and there is a discharge they are "SOL". It is funny because I never heard from them for 60 days during probation period and then all of a sudden I hear from them. Hmm.
        Send them a copy of your discharge. That should stop it.
        Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
        I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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          #5
          I would send them one written notice along with the discharge notice. If they continue to bother you after that, the next place is a complaint filed with the court.
          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

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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