Q: If I filed a chapter 7 & and creditor is violating that discharge of that debt should i reopen the 7 or file a 13 new
which filing would give me a stay of their proceedings
A:
If the creditor is foreclosing on real property collateral, then the creditor is not violating the discharge of the debt. Liens, such as mortgages, are not discharged. Only the underlying debt is discharged. Thus, in this instance, you would must file a chapter 13 and attempt to restructure the debt.
If the creditor is seeking collection of the discharged debt by filing suit against you, then reopening the chapter 7 and filing an adversary proceeding against the creditor seeking damages for violation of the discharge order is the appropriate action to take.
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