How can a person seek a judgment against me for a debt that was discharged in a Chapter 7 bankruptcy?
5 attorney answers
There is a huge difference between criminal law and bankruptcy law. If the action upon which the criminal case is based occurred before your ch 7 was filed, and you listed them in ch 7 with valid address, then they cannot legally sue you now for a civil case as it violates the bankruptcy discharge as they did not pursue a claim against you by the discharge date listed in your 341 notice. The criminal action can continue under the laws of that state until whenever the statute of limitations expires. See an experienced attorney in the location where the adversary case was filed right away. Good luck.
I am not sure of all your facts but I do know that certain types of debts are not discharged in bankruptcy. In any event, the civil court should not be determining this. There are steps you can take to stop this on its tracks and put the matter back into the bankruptcy court where it belongs but too complicated to get into here. See my disclaimer for contact information.
I sincerely hope this response proves helpful to you. I am a Chrester Cty. attorney. If I can be of further assistance, feel free to call 610.380. 7969 for immediate attention to your concerns or leave me a message here. HOWEVER, THIS IS NOT LEGAL ADVICE and I am NOT your attorney. My response is provided solely for informational value.
If the debt was discharged in bankruptcy, take the order or discharge document and move to have the case dismissed (or the judgment vacated) and sanctions issued for the cost of that motion.
If this suit has to due with failure to pay restitution then you may have an issue; but that would normally be a motion for contempt being brought in the criminal case. if the civil suit if for this discharged debt you need an attorney immediately to take action. you may also be able to reopen the Bankruptcy case to hold the Credit in contempt for violation of the discharge. Talk to and retain an experienced Bankruptcy attorney in you're area ASAP. Good luck.
Bankruptcy only discharges civil debts. If someone has filed a criminal complaint, you will need a criminal attorney to represent you.