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    tleejulian's Avatar
    tleejulian Posts: 1, Reputation: 1
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    #1

    Mar 29, 2008, 10:44 PM
    Can my creditors sue me after I received the discharge notice?
    I filed for bankruptcy in December of 2007 and finally received a discharge letter from the court couple of weeks ago. But I now am receiving summons from attorneys representing my creditors(credit card banks). My question is, do I still have to respond to summons even though I already received the discharge notice from the court or can I disregard and continue with my life?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 30, 2008, 05:44 AM
    Quote Originally Posted by tleejulian
    i filed for bankruptcy in december of 2007 and finally received a discharge letter from the court couple of weeks ago. But i now am receiving summons from attorneys representing my creditors(credit card banks). My question is, do i still have to respond to summons even though i already received the discharge notice from the court or can i disregard and continue with my life?


    NEVER disregard a summons - they will take a Judgment and begin to collect - and then you'll have worse problems trying to sort things out.

    Send a letter to the Attorney, copy to the Court, enclose the discharge notice AND THE PETITION SHOWING THIS SPECIFIC DEBT - without the Petition the Attorney has no way of knowing whether this debt in this amount has been discharged.

    You can also file a formal Answer but I don't know that that is necessary.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Mar 30, 2008, 05:49 AM
    Make sure the debt that's dunning you is listed in the bankruptcy. If it is then do as Judy advised.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 30, 2008, 05:54 AM
    Yes, if you forgot to list the debt in the bankrutpcy, or if it is a new debt you would owe it. But as noted never just ignore a summons, they will win by default and it is harder to clear up. Judy advice should be followed unless you find the debt still valid
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Mar 30, 2008, 06:01 AM
    Quote Originally Posted by ScottGem
    Make sure the debt that's dunning you is listed in the bankruptcy. If it is then do as Judy advised.

    And if it is NOT listed get back in contact with your Attorney immediately - one debt not listed puts the entire Discharge in jeopardy. You cannot "pick and choose" which debts to discharge, whether by mistake or intent. Everybody has to be listed in the correct amount. You can always ratify the debt later (such as an auto) but the debt HAS to be listed.
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