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Discharged and Closed, now received summon!!!

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    Discharged and Closed, now received summon!!!

    We got discharged and closed couple months ago from chapter 7. Earlier today, there was somebody showed up at my wife workplace and gave her a notice that a local atty sued her on 1/27/12. He just gave her that paper and she didn't sign nothing.

    Will check after I get home from work but it gotta be we forgot to include this debt in bk. It's a jdb hired a local atty for total 5k $$$

    Should I call the local atty and tell them we filed bk? Or should I contact my atty (will have to pay again to open the case I guess). Or just send them the discharge letter? Can someone show me how to write this letter if I have to send in with certified receipt.

    Thanks alot

    #2
    Just called my atty, he said just give him 30 bucks and that paper work and he'll take care of it (he said he'll add this creditor, or just send them my letter of discharge).

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      #3
      I would of just sent the letter of discharge yourself. Save yourself $30.
      Filed 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15

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        #4
        I think, personally, I might pay $30 to have an attorney send a letter -- on her letterhead, of course -- and the discharge notice. Sometimes, JDBs can be a PAIN and a letter with the discharge order coming from the attorney is just the thing to shut them down real quick!

        Hopefully the letter from the attorney will end everything. (I don't know what the attorney means by "just add them" since your case is closed and re-opening would cost $260.00 just in court fees.)
        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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          #5
          Thanks, I think my atty just send them the discharge note

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