Ocean Springs, MS asked in Bankruptcy and Collections for Florida

Q: My mom is being sued by a creditor even though she filed bankruptcy on them almost seven years ago. Can they sue?

The debt is from “Lending Club” but a different company is suing her for that debt. Since she filed bankruptcy in 2016 and it’s been so long since then, can they even legally sue her? Since it’s not even the same company, could they do this? She is being taken to pre-court next week. She cannot afford a lawyer, so what should she do or say?

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4 Lawyer Answers

A: Did she get a discharge of her debts or was the case dismissed? Was the debt included in the bankruptcy? Was it a secured debt? If it is a secured debt (mortgage on real estate, car loan), the company can move forward with an action to recover the property. More facts are needed and she should take her discharge order with her to court.

Jane Kim
Jane Kim
Answered
  • Naples, FL
  • Licensed in Florida

A: That debt was discharged only if the original company was listed as a creditor in bankruptcy.

You can contact the bankruptcy court and get a copy of the list of creditors to confirm, then bring the bankruptcy info. and the list of creditors to court.

Timothy Denison and Terrence H Thorgaard agree with this answer

David Luther Woodward
David Luther Woodward
Answered
  • Bankruptcy Lawyer
  • Pensacola, FL
  • Licensed in Florida

A: As Barbara queries, it depends on which of the types of obligation it was at the time of the discharge.

By the way, did she have a lawyer for her bankruptcy? If so, make an appointment and go back for advice.

If it is subject to the discharge the lawyer can file for contempt and be awarded attorney's fees--and you mom may be awarded damages for her inconvenience

Timothy Denison agrees with this answer

1 user found this answer helpful

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Bankruptcy Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: The fact that the debt was sold to a different company is not a problem; it happens all the time. But also, the pertinent statute of limitations may have run.

Timothy Denison agrees with this answer

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