Norfolk, VA asked in Bankruptcy for Virginia

Q: Account included in bankruptcy refuses to close the debt, what do I do?

Filed chapter 7 in November of 2021, received discharge in February of 2022. All accounts were included in my discharge but one specific account basically refuses to close my debt.

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Wait until they take action on it to collect, the. Sue them for violating the stay.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
Answered
  • Bankruptcy Lawyer
  • Glen Allen, VA
  • Licensed in Virginia

A: If the creditor attempts to collect on a discharged debt, the debtor reopen the case and can file a show cause proceeding against the creditor for violating the discharge injunction and may recover actual damages, attorney's fees and costs, and with willful and intentional violations causing actual harm, punitive damages.

On a credit report, a discharged debt should show a zero balance with a notation that the debt was discharged in bankruptcy.

Anyone facing collection of a discharged debt should consult with an experienced Virginia bankruptcy lawyer.

Bernard S. Via III agrees with this answer

1 user found this answer helpful

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