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sued for discharged debt

Submitted by Morningstar on Sun, 02/18/2007 - 18:55
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What does one do when they have had a default judgement obtained against them on a debt that was discharged under chapter 7?

Notice of the lawsuit was sent, but my wife never contacted the attorneys until after the judgement was obtained.


You need to contact the attorney that handled your chapter 7. He should be able to tell you what to do. They took your money and filed it for you, they should help you with the aftermath. Goodluck with this one.


Submitted by fedupinpa on Sun, 02/18/2007 - 19:29

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I agree with Anthony. Take your bankruptcy papers to the clerk at the courthouse. THey will be able to fix this since it was discharged. Best Wishes KYSIDE38


Submitted by KYSIDE38 on Sun, 02/18/2007 - 20:28

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Where ever it was filed. Did anyone take over this lawyers practice?

You may find some help with a consumer advocate group in your area also. They deal with clients that have debt/debt relief problems. Do a google search for consumer debt counselors in your area. you may be able to discuss it over the phone with them and get some result there. Just a thought.


Submitted by fedupinpa on Mon, 02/19/2007 - 04:40

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Morningstar,
They have violated the bankruptcy code under the stay and discharge sections. Bring your paperwork to the US District court where Bankruptcy was filed. If it is not close,than go to closest federal court. You will want to file a petition to reopen case based on creditor violating stay. It can be done in person if a lawyer cannot be retained. What this does is set a hearing for both parties to hear why creditor violated federal law collecting on a discharged debt. If it goes to trial,judge will probably fine them with a large amount of money.


Submitted by cajunbulldog on Mon, 02/19/2007 - 10:41

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