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MKD
Lv 4
MKD asked in Business & FinanceCredit · 10 years ago

Court date set for account discharged in BK?

In 2008 when the economy went to crap, we lost our business. We filed personal BK and all of our business debt was included. As we were filling out the paperwork, one of our business creditors sent our account to a collection agency and within a week their attorney sued us. My BK attorney answered the Summons and Complaint and also sent a letter to the attorney stating that he is representing us in BK and upon discharge there would be no assets. No one showed up at the meeting of creditors. We were discharged July of 2009. Yesterday I found out that there is a court date set for Aug 29, 2011. The court still has our BK attorney as attorney of record.

We tried yesterday to get a hold of our BK attorney and today. Quite frankly I don't think he will call us back mainly because our BK did not go smoothly. Some of the collections agencies were not following the BK stay, but not this particular one--at least I thought until now. So I think this BK attorney is done with us. Now wouldn't our BK attorney be getting any legal docs that the collection agency atty filed. Most importantly, would out BK attorney have a record of this court date so he would be aware of this. Need some help or suggestions.

1 Answer

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  • 10 years ago
    Favorite Answer

    Do you have a copy of your bankruptcy paperwork? Was this account included in the discharge?

    If you bankruptcy attorney doesn't return your calls, you may want to contact another attorney.

    In any case, check with the courthouse to see if the summons was served and if you still have time to respond to that summons. Show up in court with your bankruptcy paperwork in hand. They can't sue you for a debt that was discharged in your bankrutpcy.

    Source(s): BD
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