Personal Bankruptcy Creditors after bankruptcy

[Fryti]

My husband and I filed for bankruptcy in May 2000, everything has since been discharged and we are currently working very hard at re-establishing our credit. None the less we have one creditor who has done nothing but, bother us for the money we owe him. During the bankruptcy procedure he did not contest the debt did not do anything. Now over a year later he is insisting that we pay him back. I am curious to know what we can do to stop him. If I understood correctly any creditor that does this, after the fact, can indeed be in trouble? If someone could please answer this question for me and I can end this my husband and I might be able to live a peaceful life.

Tiffany

 

[Michael Wechsler]

My understanding is that an automatic court stay goes into effect prohibiting collectors from harrassing you for debts that are extinguished pursuant to the proceeding. If you have an attorney, I would notify the attorney immediately. If you do not have an attorney you may want to write a brief, certified letter stating that he is well aware of the bankruptcy proceeding and that if the collections related harrassment does not stop, you will be forced to pursue further action. This should stop the harrassment (although the creditor should have been on original notice when he/she was sent notice regarding the proceeding). If it doesn't it could be even more costly to the creditor!

You may want to file a motion with the court since this violation would constitute civil contempt and punishable usually by a fine.