Expert: Mark J. Markus- California Bankruptcy Attorney - 3/22/2008

Question
In 2003 I filed a Chapter 7 bankruptcy pro se in the state of Colorado.  I had indicated I wanted to reaffirm my auto loan.  Since I was making payments the credit union did not do a written agreement with me but verbally told me I could keep the car.  Six months after my bankruptcy was discharged I was 5 days late on my car payment and they repossessed the car.  They told me verbally afterwards that I would have to pay it off in full to have it returned.  At that time I could not do that and again they verbally told me because of the bankruptcy I was not liable for it.  For nearly 4 years the auto loan had been reporting a zero balance and discharged through bankruptcy.  In January I noticed it is now reporting a balance of $9000 and listed as a collection.  I also believe they are trying to serve me with court papers.  At least someone is and I do not have any other legal problems or issues.  Can they come after me 4 years later for a debt that was discharged through bankruptcy?  Why after all these years would things change?  Thank you,

Answer
If you received a discharge and did not do a reaffirmation agreement, then if they are trying to collect on a debt you owed prior to filing your bankruptcy case, they are violating the discharge injunction and you can get contempt of court sanctions against them.  You need to find an attorney in Colorado to assist you with this.