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I had to declare bankruptcy back in 2009 (chapter 13) and…

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I had to declare...

I had to declare bankruptcy back in 2009 (chapter 13) and not have any debt since then. I am now receiving calls from a collection agency which I have not answered, stating that since they have not heard from me this isuue will be going to court. Can they do that without notifying me by mail? It was probable a payday loan

Lawyer's Assistant: What state are you in? And has anything been officially filed?

Yes back in 2009 and discharged, state is Utah

Lawyer's Assistant: Has anything been filed or reported?

Not that I have been informed of.

Submitted: 4 months ago.Category: Legal
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Answered in 7 minutes by:
12/22/2017
Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 21,354
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Customer reply replied 4 months ago
Thank you
Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

I am sorry to read about your difficulties.

Your Question:

I had to declare bankruptcy back in 2009 (chapter 13) and not have any debt since then. I am now receiving calls from a collection agency which I have not answered, stating that since they have not heard from me this isuue will be going to court. Can they do that without notifying me by mail? It was probable a payday loan'

Response: Unfortunately, yes they can. However, if this debt has already been discharged in bankruptcy, any lawsuit filed would be a willful violation of discharge Injunction and you would file Motion to Reopen your bankruptcy case to file Complaint against the Collection Agency for trying to collect a debt that has been discharged in bankruptcy.

You need to answer the call and let the caller know that debt has been discharged in bankruptcy. Also, give the caller the docket number--your bankruptcy case number. In addition, demand that they stop immediately from contacting you with regard to the debt. Otherwise, you would be forced to reopen your bankruptcy case to file Adversary Proceeding against them for violation of Discharge Injunction. See 11 U.S.C Section 350((b) and 524.

Best wishes,

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Thank you for your cooperation.

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Customer reply replied 4 months ago
Thank you for the information
Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

You are quite Welcome!

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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