If a creditor was listed on a chapter 7 filed 4 years ago, can that creditor assign the debt to another company

Alexandria, LA Viewed 419 times. Posted about 1 year ago in Bankruptcy / Chapter 7
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bankrupcy: My 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? - Is this your question? Add additional information
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Answers (2)

Margery Ellen Golant

Margery Ellen Golant

Contributor Level 8
This attorney is licensed in Florida and 1 other state. Posted about 1 year ago. Flag as objectionable
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.
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Brett D Weiss

Brett D Weiss

Contributor Level 6
This attorney is licensed in Dist. of Columbia and 1 other state. Posted about 1 year ago. Flag as objectionable
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
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