Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy and Consumer Protection attorney here to assist you.
How has the creditor been trying to collect?
In other words, what has the creditor been doing?
Sending letters by registered mail stating I am 52 months deliquint also stating they are gonna start foreclosure proceedings plus something about modifying the said debt
Thank you for your response.
It is illegal for them to try to collect this debt.
But it really sounds as if you are receiving automatic letters in error. In other words, there must be something wrong with the mortgage company's system.
As the mortgage company can be charged with criminal contempt if they are knowingly trying to collect in spite of your Bankruptcy.
They are also calling me I've sent them a copy of the courts letter wich has this account number and by the judges order of discharging in the final courts ruling
Once the court information gets to the proper authority at the lender, the collection efforts should stop.
If necessary, your attorney can file a Contempt motion with the Bankruptcy court.
But this is rarely necessary, as most creditors cease collection efforts once a Bankruptcy is brought to their attention.
Is there anything else I can help you with?
I am confused one reply says they can legally collect on this debt another says they are in contempt of a court order even tho they have received multible notices from the court and my attorney at the time of the order I feel the answers are conflicting and did not help me
Who told you the mortgage company could legally collect this debt after it was discharged in your Bankruptcy?
Ihave received multiple replies
I am sorry you are being confused. But if a debt is discharged in a Bankruptcy, then the creditor cannot collect that debt.
This is a very basic principle.
If someone told you otherwise, that person was mistaken.
Ok tnk you for your time
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).