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Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 170
Experience:  Managing Attorney for one of the largest consumer bankruptcy firms in America.
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We had a bankruptcy discharged in 2009 in Yavapai County,AZ.

Resolved Question:

We had a bankruptcy discharged in 2009 in Yavapai County,AZ. Now a debt collector is trying to get a mortgage payout for the home we discharged.What can I do to resolve this issue. I cannot find the card of our wonderful attorney that took care of the issue .
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Elizabeth Prentice replied 1 year ago.
I am a bankruptcy attorney and I would be happy to assist you. Debt collectors often contact people who have had debt discharged in bankruptcy many years later. The reason for this is that some lenders will sell off your debt for pennies on the dollar to another company who never knew you filed for bankruptcy. This matter is quite easy to resolve. You should write a letter (see below) to the debt collector, and send it via U.S. certified mail, return receipt requested. If you do not have their address, ask them the next time they call where you can send legal notices and correspondence.
Draft your letter using this:


To Whom It May Concern:

Enclosed is a copy of the Discharge and Final Decree for this [put your name(s) here].

You must immediately cease any and all collection efforts regarding this individual and this debt or face Court action and sanctions for willful violation of Title 11 U.S.C. It is settled case law in the Ninth Circuit that unsecured and non-reaffirmed debts, even debts unintentionally omitted from a previously discharged Chapter 7 Bankruptcy case, are deemed discharged. In re Beezley, 994 F.2d 1433 (9th Cir. 1993).

[Insert your name here] filed his/her/their Chapter 7 Bankruptcy case on [insert date here], 2009. Further, the debt you are attempting to collect was properly listed and discharged in that bankruptcy. Any further attempt to collect this debt will be brought to the immediate attention of the judge in this matter.

If you have any questions, please feel free to contact me at [insert your phone number here]. Thank you for you cooperation.

Sincerely,
[sign]
[type your name]

------------------------------------

Make sure that you attach a copy of your discharge to the letter. You should have saved the discharge papers you received from the Court; however, if you have lost them, you may go to the U.S. Bankruptcy Court House where your case was processed and go to the Clerk's office. They will be able to print you another copy, for a few dollars. After you send this letter, the creditor should not contact you ever again. I have never seen a creditor attempt to contact a debtor after receiving this letter. Further, if they do you should retain a new attorney to sue them on your behalf. It is against the law for creditors to continue to harass you regarding a debt that has been discharged.

I hope my answer has assisted you and that you will leave me a positive rating!

Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 170
Experience: Managing Attorney for one of the largest consumer bankruptcy firms in America.
Elizabeth Prentice and other Bankruptcy Law Specialists are ready to help you

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