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Good evening, My husband and I filed Chapter 13 in Collin County Federal Court (we hired a bankruptcy lawyer in Dallas, TX to work our case) in approximately November of 2010. We make payments to the trustee to pay back the IRS. We had a house that we just could not sell for the original purchase/loan value, so we ended up with a short sale. Unfortunately, the 2nd mortgage lien holder, Chase, took the largest loss of approximately $62,000.00. My husband and I included this amount in the chapter 13 and we have assumed that once we pay back our lawyer and the IRS in 2 more years, the rest of our debt will deemed resolved by the judge. Since 2010, my husband and I have lived apart but are still technically married. I have received 2 letters in the last 3-6 months from a company called "Real Time Resolutions" who are here on Regal Row in Dallas. Although, the letter is titled "Privacy Notice" and they mention the collection of any personal information of ours and of course invite us to call them, I would like to know can I call my bankruptcy lawyer and will he/she contact this company to tell them they must have all contact go through the law firm?
Response 1: Hello Kim: You can contact your bankruptcy Attorney about this notice. However, I do not know what your bankruptcy Attorney would do; whether he would call them or ask you to call them and tell them that you are in bankruptcy and all inquiries must be sent to your Attorney.
Also, it is painfully obvious from my research on this collection firm that they buy defaulted mortgage loans from banks like Chase and then harass the (forgive me) heck out of people like us. My question is, if our short sale is included in the Chapter 13 bankruptcy, does Chase OR "Real Time Resolutions" have any right to file a judgment against my husband or I when the bankruptcy has been discharged?
Response 2: Absolutely not, but if they do, they would be in violation of Discharge Injunction and you may reopen your bankruptcy case at that time pursuant to 11 U.S.C. Section 350(b) and file Complaint against them for willful violation of the Discharge Injunction and for sanctions. See 11 U.S.C. Section 524.
Will there be any way if the bankruptcy is discharged that any of our debt listed in the Chapter 13 appear on our credit.
Response 3: The debts would appear on your credit file nd would indicate that they were discharged in bankruptcy, but the balance on the accounts must be zero. If not, you can dispute the information with credit reporting bureaus.
Could we be taken to court afterwards for any debt that will be discharged? I am so very worried (as I am sure you can see by reading this) as I am disabled and just cannot find a lot in me to fight like I did in the beginning. I would appreciate your frank reply. Thank you, Kim
Response 4: No. You cannot be taken back to Court for any debt discharged in bankruptcy, but if that happens, you would ask for the case to be dismissed because it has been discharged in your bankruptcy filing. You would also file lawsuit against the offenders in bankruptcy Court for willful violation of Bankruptcy Code's Discharge Injunction.