Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Question: Whether it is better to file writ of mandate to attack EDD decision based on the UI debt having been in bankruptcy even though not noticed correctly or is it better to try and reopen bankruptcy case to try and file contempt action against creditor
Response: If there is a violation of Bankruptcy Discharge Injunction,11 U.S. C. Section 524, Bankruptcy case should be reopened pursuant to 11 U.S.C. Section 350(b) to file complaint against the creditor for the violation. Eventhough the creditor might not have been properly notified about the Bankruptcy filing, if the case was a no asset case, that is, if the creditors of the debtor were not required to file proof of claim, this creditor is thus not prejudiced by the improper notice and the Discharge Order would operate to discharge the debt of the creditor. So, any attempt of the creditor to collect the debt that was discharged would be a violation of the Bankruptcy Discharge Injunction, which prohibits the collection of debts that have been discharged in Bankruptcy.
what is procedure in opening the closed case up in central district, and is it a motion or complaint that is filed about the discharge violation
what is procedure in opening the closed case up in central district
Response 1: I do not practice in California. So, I cannot tell you what the local procedure is. You would need to go to their web site and read up on the Local Rules.
, and is it a motion or complaint that is filed about the discharge violation Response 2: You open a case by filing a Motion to Reopen Case pursuant to 11 U.S.C. Section 350(b).
The violation of Discharge Injunction should be done through a Complaint.