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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12250
Experience:  JD, MBA
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I have some who is trying to collect a debt that has been set

Resolved Question:

I have some who is trying to collect a debt that has been set adide by bankruptcy. How do I hold him accountable?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 8 years ago.

Hello and thank you for allowing me to address your legal question.

Ignoring the debt and bankruptcy for a moment, is the district superintendant otherwise required to transfer your credentials? If so, then you may need to sue him to enforce his obligations. If he uses the discharged debt as his defense to not completing his obligations, then you would point to the following from the Bankruptcy Code:

§ 524. Effect of discharge

(a) A discharge in a case under this title—

(2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived;

Clearly, the superintendant’s actions in refusing to fulfill his obligations are an attempt to collect on the discharged debt, and therefore, the fact that the debt was unpaid would not be a defense to fulfilling his obligations. As mentioned above, however, you will need to sue in order to force the superintendent to do anything.

Have I satisfactorily answered your question? If not, then please feel free to ask for clarification.

If the information that I provided was helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!


DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and is not specific legal advice.

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