In 2009, I filed for chapter 7 bankruptcy in Wisconsin, a community state. Upon filing, my husband chose to be a non-filing spouse. All debts, including his non secured debts, were included in the paperwork. In November of 2009, a complete discharge was granted and closed.
Last week, my husband was served papers from a credit card company for the balanced owed. Keep in mind the bankruptcy was discharged in 2009...it is now 2011. I realize their is risk involved in a "Phantom Discharge" for a non filing spouse, but his debt was under $7,000 and was inluded in all of the reqired documentation. I am confused as to why the creditor is coming after him now.
I contacted my attorney's office informing them of the law suit and was informed that my attorney had left the firm and that they were no longer representing me. I called back to speak to an actual attorney and was told "We have spent much time speaking w/ you and are no longer taking your calls".
What are my rights as a client in this matter? How can the law firm refuse my calls when I feel this law suit could have been prevented on their end? Why are they not responsible for aiding us in the law suit?
Last week, my husband was served papers from a credit card company for the balanced owed. Keep in mind the bankruptcy was discharged in 2009...it is now 2011. I realize their is risk involved in a "Phantom Discharge" for a non filing spouse, but his debt was under $7,000 and was inluded in all of the reqired documentation. I am confused as to why the creditor is coming after him now.
I contacted my attorney's office informing them of the law suit and was informed that my attorney had left the firm and that they were no longer representing me. I called back to speak to an actual attorney and was told "We have spent much time speaking w/ you and are no longer taking your calls".
What are my rights as a client in this matter? How can the law firm refuse my calls when I feel this law suit could have been prevented on their end? Why are they not responsible for aiding us in the law suit?