Agency suing after Chap 13

[erica124]

Hi there. My husband and I had filed Chap 13 years ago after falling behind on mortgage. After coming into some money about 1-2 years later we had it discharged and paid off the creditors who had filed claims.

One of the credit cards never filed a claim and now years later I just received a summons that a collection agency is taking me to court for the not only the original debt but an amount doubled with interest.

I had received no correspondence from the agency prior to this, never even heard of the collection agency. The only way that I had an idea that this was happening was that I started receiving advertisement letters in the mail from lawyers mentioning that I had a case coming up. Can they do this after not filing a claim during bankruptcy and just pop up years later charging suing me for twice the amount?

I have just received the summons, its an action of contract and stated that the agency purchased the debt from the cc co and that I had dismissed chap 13.

[sharksfan]

Do you have your discharge papers?

[keepmine]

This violates the permanent injunction that goes with a discharged bk. Contact your bk lawyer. If they never filed a timely proof of claim, they're out of luck.

[rrockinggramma]

You will still need to answer the summons however and go to the court date. And while you are there, mention that this company now owes you money for coming after you on a discharged debt. And let them know that you expect their 1000 check today.

[arkienurse]

Hi there. My husband and I had filed Chap 13 years ago after falling behind on mortgage. After coming into some money about 1-2 years later we had it discharged and paid off the creditors who had filed claims.

One of the credit cards never filed a claim and now years later I just received a summons that a collection agency is taking me to court for the not only the original debt but an amount doubled with interest.

I had received no correspondence from the agency prior to this, never even heard of the collection agency. The only way that I had an idea that this was happening was that I started receiving advertisement letters in the mail from lawyers mentioning that I had a case coming up. Can they do this after not filing a claim during bankruptcy and just pop up years later charging suing me for twice the amount?

I have just received the summons, its an action of contract and stated that the agency purchased the debt from the cc co and that I had dismissed chap 13.

OK, did you pay off the bankruptcy and have it discharged ?
Or did you voluntarily dismiss the bankruptcy and just pay off the creditors that filed claims?
If your bk was discharged, then no they cannot collect the debt. However, if you had it voluntarily dismissed, then yes they can sue you for the debt, even though they never filed a claim.

[HHM]

Yes, please verify that you case was dismissed or discharged. (it makes all the difference).

[HHM]

Also find out the what the SOL is in your state and the date of last activity on the account. You might be able to use the SOL defense if you voluntarily discharged your CH13.

I think you meant to say, voluntarily dismissed.

[CindyLou]

if voluntarily dismissed, then it doesn't matter who filed claims and who didn't.....You are on the hook for all your debts.

When a BK case is dismissed, then all proceeding and stays are void and null. Like one of the previous posters said, you may be able to use the statute of limitations on this debt depending on your state.

[HHM]

if voluntarily dismissed, then it doesn't matter who filed claims and who didn't.....You are on the hook for all your debts.

When a BK case is dismissed, then all proceeding and stays are void and null. Like one of the previous posters said, you may be able to use the statute of limitations on this debt depending on your state.

The only catch is, the the chapter 13 filing debt can be held to reset the clock on the SOL because the chapter 13 acts as an acknowledgement of the debt, hence the SOL resets to the filing date of the chapter 13.