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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 13073
Experience:  B.A.; M.B.A.; J.D.
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I filed bankruptcy back in 2006, (ch 7 and 13). Today I still

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I filed bankruptcy back in 2006, (ch 7 and 13). Today I still received a judgement letter from the court that some credits agency still asking me to pay the debt. I am confuse, isn't that a discharge is done, meaning that I don't have to repay any debt?
Second, the agency think that my sister is me (because we have exact same name), so they going after my sister and want her assets. The problem is I didn't disclose my personal finance to my sister, what should I tell her? Do they have any right to do that? Can they tell that we don't have the same security number? Should I just tell my sister to ignore the people, not talking or dealing with them?

Sincere,

JOsephine
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.



I filed bankruptcy back in 2006, (ch 7 and 13). Today I still received a judgement letter from the court that some credits agency still asking me to pay the debt. I am confuse, isn't that a discharge is done, meaning that I don't have to repay any debt?
Second, the agency think that my sister is me (because we have exact same name), so they going after my sister and want her assets. The problem is I didn't disclose my personal finance to my sister, what should I tell her? Do they have any right to do that? Can they tell that we don't have the same security number? Should I just tell my sister to ignore the people, not talking or dealing with them?


Response
: If the debts were a part of your bankruptcy in 2006, the creditors continued attempt to collect these debts from you is a willful violation of your Discharge Injunction. See 11 U.S. C. Section 524. You need to tell them to stop immediately from contacting you or your sister, otherwise you would reopen your bankruptcy case and file complaint against them for the violation and for sanctions. You would open your case pursuant to 11 U.S.C. Section 350(b). You should also send a notice to the Court informing the Court that debts have been discharged in your bankruptcy and include copies of the Notice of Bankruptcy Case Filing and Discharge Order to you Notice to the Court.

You should speak with your sister and tell your sister to tell the creditors/ collectors that she is not you, that in any event your debts were discharged in bankruptcy and if they continue to contact you, you would file complaint against them for willful violation of the Discharge Injunction and ask for sanctions against them:


http://doney.net/bkcode/11usc0524.htm



http://doney.net/bkcode/11usc0350.htm

The collectors/creditors should not be ignored. They should be given warning that they are breaking the law and if they continue, you would take legal action against them.

Customer: replied 1 year ago.

Would you please clarify more...what do you meant by if the debt was part of the bankruptcy? I filed bankruptcy because I couldn't pay my C.C debt, and it is only C.C debt that I had at the time, no other debts. And I am assuming my attorney did all the paper work for me. Then after I received a discharge from the court, I received a few letter from attorney from judgement creditor that I totally avoided them back then. Until recently, those attorney for judgement mailed a few letters to my sister (to be precise, it is a subpoena from the court). So does my sister needs to reply to them at all? My sister got freak out because she said that her asset will get possession by those attorney creditors. And I don't want to disclose to her that I filed bankruptcy. So honestly, does my sister needs to comply with the subpeona? (like submitting w2, wage, asset information, etc..)? My sister spoke to them, and they asked if my sister know me? Should I tell me sister to tell them that she doesn't know who I am? And since they don't send the materials to my address, why should I need to contact them? Thank you for your advice

Expert:  Phillips Esq. replied 1 year ago.

Would you please clarify more...what do you meant by if the debt was part of the bankruptcy?

Response 1: If the debt was accumulated before or on the date of your bankruptcy filing and listed on your bankruptcy schedule. If the answer is yes, which appears to be the case from your post below, then the debt was a part of your bankruptcy case and was discharged in your bankruptcy.

I filed bankruptcy because I couldn't pay my C.C debt, and it is only C.C debt that I had at the time, no other debts. And I am assuming my attorney did all the paper work for me. Then after I received a discharge from the court, I received a few letter from attorney from judgement creditor that I totally avoided them back then. Until recently, those attorney for judgement mailed a few letters to my sister (to be precise, it is a subpoena from the court). So does my sister needs to reply to them at all?



Response 2: Your sister should object to the subpoena because she does not owe the debt. She has to file a Motion with the Court objecting to the subpoena. You really cannot avoid this matter. You should not let these debt collectors harass your sister for your debt that has been discharged in bankruptcy. You can and should make the collectors regret ever trying to collect this debt by filing Complaint against them with the bankruptcy Court. There is no reason for you to avoid these collectors. You should at least contact them and give them your Notice of Bankruptcy Filing and the Discharge Order. Most collectors would immediately stay way as soon they get these documents because they do not want to face severe penalties by the bankruptcy Court. As stated previously, copies of the Notice of the Bankruptcy Case Filing and Discharge Order should be sent to the Court letting the Court know that debt collectors are trying to collect a debt that has been discharged in bankruptcy. If you do not have copies, you can easily obtain them from your bankruptcy Attorney or the Bankruptcy Court. You should also let your bankruptcy Attorney know of this harassment and attempts to collect the discharged debt.

My sister got freak out because she said that her asset will get possession by those attorney creditors. And I don't want to disclose to her that I filed bankruptcy. So honestly, does my sister needs to comply with the subpeona? (like submitting w2, wage, asset information, etc..)? My sister spoke to them, and they asked if my sister know me? Should I tell me sister to tell them that she doesn't know who I am? And since they don't send the materials to my address, why should I need to contact them? Thank you for your advice

Response 3: Please see my previous response. I cannot tell you what you should tell your sister to tell the collectors. That would amount to giving you legal advice, which I am prohibited from doing here by the terms of service. However, ignoring the collectors does not mean that they would go away. You need to deal with them. It is not fair for your sister to be harassed for your debt when you can do something to stop it.

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 13073
Experience: B.A.; M.B.A.; J.D.
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B.A.; M.B.A.; J.D.