Q: Any way to avoid having to show up for a NYC court date for consumer debt which was discharged in bankruptcy?
The court date was set before the bankruptcy (chapter 7 no-asset) case was closed and the debt in question was fully discharged. The lawsuit is for credit card debt which was sold to a debt collector (the plaintiff). Is there a way I can, without leaving myself vulnerable, avoid having to spend several hundred dollars (I live in South Carolina now) to fly to NYC to attend this court date?
A: Just provide a copy of the Discharge to Counsel for the Credit Card Company and t a copy of the Petition showing it was listed, and also provide same to the Court.
A: You can try to call the other attorney and show them your discharge paperwork
A: Send a copy of the discharge to the court in which suit was filed as well as a copy to the creditor who filed. That puts everyone on notice of the discharge. You are not vulnerable, regardless, bc the federal automatic stay will always trump a state court judgment.
A: Just contact your bankruptcy attorney, but if you did not have one, then you need to send proof of the discharge to the Court. Good luck.
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