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If a creditor was listed on a chapter 7 filed 4 years ago, can that creditor assign the debt to another companyMy husband and I filed chapter 7 bankrupcy 4 years ago, and now one of the finance companies we filed on has sold the account to another finance company. They gave the new finance company permission to collect the dept. So they turned it over to a collection agency. I took the letter we recieved and my discharge paper to my attorney we filed with. The secretary copied them and I asked to be called so I would know this was taken care of, but as of now I do not know if he has done anything. Do I have any recourse against the finance compainies on this matter? Attorney answers (2)
Reputation Level 18
Answered over 3 years ago.
Foreclosure Attorney in Boca Raton, FL.
Yes you do. Violation of a bankruptcy discharge is a very serious matter. The creditor who sold ther account can be held in contempt by the bankruptcy court, as can the new collection agency.
If you consult a knowledgable attorney, he/she can pursue this for you, and probably require the offenders to pay your legal fees, and possibly other damages as well. Good luck. 1 person marked this answer as good
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Reputation Level 14
Answered over 3 years ago.
Chapter 7 Bankruptcy Attorney in Greenbelt, MD.
Selling a discharged debt, in and of itself, is not a violation of the discharge stay. Attempting to collect it, however, is. You should discuss with your bankruptcy attorney the possibility of bringing a complaint against the debt buyer for violation of the stay.
Brett Weiss brett@BankruptcyLawMaryland.com 1 person marked this answer as good
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