Mariposa, CA asked in Bankruptcy for California

Q: Is it legal for a debtor who submitted assets in a bankruptcy try to collect from a creditor that was discharged?

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1 Lawyer Answer
  • Bankruptcy Lawyer
  • San Diego, CA
  • Licenced in California

A: This question is very confusing. Why would a debtor be trying to collect from a creditor? Why would a creditor receive a discharge? Debtor receives a discharge. Perhaps you meant to ask whether it is legal for a creditor to attempt to collect from a debtor on a debt that was discharged in bankruptcy. If that is your question, then the answer is no, attempting to collect on a discharged debt is a violation of bankruptcy court's discharge order.

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