MY bankruptcy was discharged in Florida 2 years ago in Feb 2010. I am currently residing in NY. I just received a letter from a collections attorney for a debt incurred in Feb 2009 that I was not made aware of until just recently. Is there anything I can do about it?Had I been aware of this debt, it surely would have been included in my bankruptcy. The supposed debt is from a court reporting agency. I had been paying for transcripts as I obtained them during my court case. I was under the impression that everything had been paid for as it was obtained. Now over three years after my court case and two years after my bankruptcy, they are trying to collect money they say I still owe them. This was a no-asset chapter 7.
If the debt existed at the time of your bankruptcy and you had a "no asset Chapter 7"--in other words the Trustee did not distribute any of your property to creditors, there are a number of Judges who have held that this debt is discharged and you should tell the debt collector that you believe it is discharged. If they fight you and continue to harass you, you may have to "reopen" your bankruptcy matter and add them to your petition.
Contact your attorney in Florida.
I am presuming that your bankruptcy case was a no-asset case. I am also presuming that you are concerned that you might have to reopen your bankruptcy case.
If so, you can simply send the creditor a notice of the discharge. Put the onus on the creditor to move to reopen your bankruptcy case if it wishes to do so. Your discharge is effective against all known and unknown creditors provided that you did not intentionally omit the creditor.
Personally, if I were representing the creditor, I would be very curious as to how you could incur a debt in February 2009 and then forget "me" in less than a year. But you have not provided enough information regarding the circumstances. I am just flagging an obvious issue.
If you had an attorney represent you in the bankruptcy, you should contact him or her. If you had assets that were distributed to creditors, then you definitely should speak to an attorney.
There are two schools of thought on this issue. One, is the debt is discharged if you had no assets to distribute when you filed your case even though the creditor was not listed.
The other is that the non listed creditor is not discharged.
Since this is a Florida case, it would be governed by the law where the bankruptcy case was located.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline