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?
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.
Terrence H Thorgaard , David Luther Woodward and Timothy Denison agree with this answer
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
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
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
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.
