Q: Filed chapter 7, received full no asset discharge. Now have a couple of collection agencies attempting to collect debts.
These debts were listed in said bankruptcy. My attorney has quit practicing and I have gotten no information on anyone handling his clients. I do remember him stating an attempt to collect a debt after filing/ discharge was $1000 fine. If so who gets the $$$ when proved and who do I complain to? It's been 2 years since discharge.
A: You would have an action for discharge violations. See another bankruptcy lawyer in your area and they can advise you how to proceed. Most lawyers will take these type matters and obtain their attorney fees from the recovery of damages. Hope it works out. Good luck!
1 user found this answer helpful
A: An attorney can assist you in filing a complaint with the bankruptcy court for violation of the discharge order. Most attorneys, including myself, will represent these cases on a contingency basis. If proven, the court will determine the amount of damages you are entitled to.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
