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My sister the maroon was graced with a Cap One CC with a limit of $1,000. She filed bk7 about three years ago. Yesterday my mom presented me with a letter from an attorney (she and mom have same name) who is local. They are collecting for approx. $1150.
The Cap1 account was discharged in your sister's bankruptcy? Was your Mom joint on the account? If she wasn't, then you should read the following from uscourts.gov
What can the debtor do if a creditor attempts to collect a discharged debt after the case is concluded?
If a creditor attempts collection efforts on a discharged debt, the debtor can file a motion with the court, reporting the action and asking that the case be reopened to address the matter. The bankruptcy court will often do so to ensure that the discharge is not violated. The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit, designed to collect a discharged debt. A creditor can be sanctioned by the court for violating the discharge injunction. The normal sanction for violating the discharge injunction is civil contempt, which is often punishable by a fine.
fishbjc wrote:
My sister the maroon was graced with a Cap One CC with a limit of $1,000. She filed bk7 about three years ago. Yesterday my mom presented me with a letter from an attorney (she and mom have same name) who is local. They are collecting for approx. $1150.
Wonderin posted this a while ago. Don't know if anyone's ever been able to test this, but it's worth a try.
However, if this WAS already discharged in a bk, then you other avenues to explore.