Chapter 7 question?



My sister is visiting for the holidays, and we were talking. She filed
chapter 7 successfully 3 years ago, debts were discharged etc. She showed me
a letter from a collection agency that was still trying to collect a credit
card debt for a major bank, that was included and discharged under the
Chapter 7.

She said that she has received a letter from this collection agency every
few months. She said she has quit calling them to tell them about the
chapter 7, as they get abusive on the phone. She also used to receive phone
calls from them so she had her number changed. The last paragraph in their
letter stated that unless they heard from her within 30 days they would
assume the debt is valid.

I thought that after Chapter 7 they couldn't contact her and continue to try
to collect the debt. This sucks, how long does she have to put up with these
people harassing her? She was under a doctors care for stress and related
illness, because of debt problems before she filed Chapter 7.

You know how it works,
remove the obvious from the address
to reply to me.



Brett Weiss

She can (and should) take this to an attorney. Her bankruptcy case should be
reopened, and the creditor should be sued for violation of the discharge.
Not only will the creditor have to pay her some money, it will also have to
pay her attorney's fees.


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The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.

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