Expert: Mark J. Markus- California Bankruptcy Attorney - 10/16/2008

Question
QUESTION: Texas: had chap13 discharged 6/18/02.Now receiving threatening letters from a former creditor past several months, threatening assets, garnishment of accounts, etc. They are located in VA and I in Texas(case adjudicated in Tx) How should I proceed?

ANSWER: If this particular debt was discharged in your bankruptcy case, and you have provided them a copy of the discharge notice and they are still proceeding to collect, then you need to file a Motion for Contempt against them in the bankruptcy court.

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QUESTION: I provided a copy of discharge along with annotated listing of debtors, but did not send registered or anything like that. Should I do so again, this time registered? Should I also advise that if further contact is initiated, I will proceed with sanctions? Or just send documents and not say anything further.

Answer
That's what I would do.  Don't threaten them--just indicate that their debt was discharged and any actions they are taking could be considered contempt of court by violating the post-discharge injunction of 11 U.S.C. 524, and if they continue you will have to proceed with all available remedies against them.  Make sure you're sending it to the right address though.  Don't just send it to a billing address; send it to a notice/correspondence address as well.