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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I refently completed a chapter 13 program a couple of months

Resolved Question:

I refently completed a chapter 13 program a couple of months ago and in that was a second mortgage on my home wich in short was deemed unsecured and stripped away with the lein in the bankruptcy, the creditor recently started collections on this debt after my attorny informed them of the court order specifically naming this debt and the lein as being stipped in the bankruptcy what can I do to stop this and is this legal what the creditor is doing?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 1 year ago.

cfortunato :

Hi - my name is XXXXX XXXXX X'X a Bankruptcy and Consumer Protection attorney here to assist you.

cfortunato :

How has the creditor been trying to collect?

cfortunato :

In other words, what has the creditor been doing?

Customer:

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

cfortunato :

Thank you for your response.

cfortunato :

It is illegal for them to try to collect this debt.

cfortunato :

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.

cfortunato :

As the mortgage company can be charged with criminal contempt if they are knowingly trying to collect in spite of your Bankruptcy.

Customer:

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

cfortunato :

Once the court information gets to the proper authority at the lender, the collection efforts should stop.

cfortunato :

If necessary, your attorney can file a Contempt motion with the Bankruptcy court.

cfortunato :

But this is rarely necessary, as most creditors cease collection efforts once a Bankruptcy is brought to their attention.

cfortunato :

Is there anything else I can help you with?

Customer:

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

cfortunato :

Who told you the mortgage company could legally collect this debt after it was discharged in your Bankruptcy?

Customer:

Ihave received multiple replies

cfortunato :

I am sorry you are being confused. But if a debt is discharged in a Bankruptcy, then the creditor cannot collect that debt.

cfortunato :

This is a very basic principle.

cfortunato :

If someone told you otherwise, that person was mistaken.

Customer:

Ok tnk you for your time

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 5 other Bankruptcy Law Specialists are ready to help you
Expert:  cfortunato replied 1 year ago.
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