My husband and I filed Ch 7 Bktcy, and was DISCHARGED August 2005, PRIOR to the Bankruptcy Reform of 2005. At the time, we were living in an RV/Fifth-Wheel, that was owned by Fifth Third Bank. We continued to make payments on the RV, eventhough we had not signed anything reaffirming the debt. ALL CREDITORS WERE SERVED re: the Ch 7 Bktcy, and there were NO OBJECTIONS AND NO ADVERSARY COMPLAINTS, BY FIFTH-THIRD BANK. No one repossessed any items, and ALL LISTED THEIR ASSETS AS 'CHARGE-OFFS, OR DISCHARGED IN CHP 7 BKTCY",INCLUDING: FIFTH THIRD BANK. We are receiving THREATENING calls, & being told that "INVESTIGATOR NORTON" will be "after us" and is working with our local police. The RV has since been confiscated by local police and sold at auction over a year ago! I've explained all this!
Now they are saying that regardless of anything we owe them $53,000.00! (Which is more than the original debt). They say that we can be imprisoned, for allowing the police to confiscate the "black mold ridden RV" (CONFISCATED FOR ILLEGAL PARKING!), and we owe the debt or "serious consequences" will befall us! I thought they could not harass us, since there were no adversary complaints filed by them at the time of bankruptcy, and there was no reaffirmation agreement signed. These calls have been going on for 3 years now! How can we stop them? By their own admittance, 5 credit reports show the debt as DISCHARGED IN CHP 7 BANKRUPTCY! SO how can they threaten us? WE EVEN TRIED TO GET THEM TO COME GET THE RV! THEY REFUSED! SAID THEY WANT MONEY! ** 9/11/12 - A Debt Collector/Repossessions agent just came to my home!
I think you have two concerns. One is can you take action against the collector for abusive collection, and the answer is yes, and you should probably reopen your bankruptcy case to do this.
The second concern is what can the collector try to do? If the collector does anything more than "mouth off" and files suit, your bankruptcy discharge is your defense.
In short, get in touch with your bankruptcy attorney for help!
These are very serious infractions you are describing. You should immediately contact an attorney to communicate with this collection company. The discharge injunction is designed to protect you against these threats and collection efforts.
I am happy to answer general questions about my practice areas on this website. . However as I'm sure you understand we do not have an attorney/client relationship. Therefore my suggestions do not constitute legal advice. I urge you to contact counsel in your jurisdiction from whom you feel you can obtain trusted information. http://www.drescherlaw.com
My colleagues give entirely accurate answers. If these calls continue, report them to the State Attorney General's office. If they sue, get a lawyer but you are almost certainly in no jeopardy.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Chapter 7 Bankruptcy Attorney
From what you have writen here it appears that this Fifth wheel vehicle was listed in your bankruptcy and the debt associated with it was discharged and no reaffirmation was signed yet the creditor is still trying to collect on the debt.
To make matters worse this creditor is threatening you with jail if you don't pay. This appears to be a violation of the Fair Debt Collection Practices Act. A collector cannot threaten to take any action (like imprisonment) that cannot be legally taken according to the act. Nor can they threaten any action that they have no intention of taking.
Also there is a bankruptcy discharge violation. If this collector is indeed attempting to collect on a debt that was discharged in bankruptcy then that is a violation of bankruptcy laws.
Both issues need to be addressed and I agree with you when you said that you need a San Diego attorney.
Phone: (619) 702-5015, E-mail: firstname.lastname@example.org
I'd also like to add that this may be a scammer. Bankruptcy records are public and people do access these records in order to scam prior debtors.
Absolutely Call the FBI asap.
Matthew Johnson (Johnson Legal Group, PLLC 206.747.0313) is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed