My Wife received a letter from an Orlando Law Firm stating: "Through review of online court records in the county you live, we have learned of a current lawsuit filed". I checked our county's online records & there had indeed been a small claims filed only the day b4. My Wife filed bankruptcy 3 1/2 years ago & any debts must be considered discharged I assume. If this is the case, is it not illegal for CACH LLC to file suit? If it is illegal for them to sue after discharge of debt, can we file counter-suit for collection harassment or whatever?
Chapter 7 Bankruptcy Attorney
If the lawsuit is against your wife and the debt was incurred prior to the bankruptcy and the debt was listed in her petition, then you should fax to creditor's counsel copy of discharge order. If they don't immediately dismiss the case, remove all negative information from credit report, then you should file an answer to the lawsuit with copy of discharge order stating as defense that this debt was discharged and case should be dismissed. You can also re-open the BK case and file motion for sanctions because creditor has violated discharge order.
If the debt was incurred prior to bk filing but was not included in the BK, then creditor did not receive notice. If will still be discharged if the BK case was a no-asset chapter 7 case. Then do same as above except can't sanction creditor since they had no notice.
If debt was incurred after filing of BK, then it was not part of BK case and was not discharged. You can obtain verification of debt (invoices etc) through creditor's counsel if not already attached to the complaint filed with the court.
If lawsuit is filed against you, not your wife, and you were not a party to the BK petition, and you are liable for the debt then creditor can sue you and you cannot claim wife's discharge as a defense.
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The wording of the letter sounds strange. Why would a law firm have to learn of a suit filed? Are they offering to perhaps represent you? Maybe they are suing you themselves. ?
If the discharge was obtained, you could either reopen your bankruptcy case, or use it as a defense (with a counterclaim for collection violation in state court.
This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help you in any way I can, within those limits. I wish to make clear I am only communicating with you for the sole purpose of exchanging such general information, and nothing more. It is not legal advice, which I can not provide because among other reasons I know few of the necessary details of your situation. I do not purport to represent you in any way, shape or form. Of course, if you would like to seek out my services, and if you are a NY resident, I will probably not put up very much resistance but representation would still necessitate a signed retainer agreement between yourself and I. Thank you.
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