Expert: Mark J. Markus- California Bankruptcy Attorney - 4/1/2009

Question
I received a letter that I was being sued by a creditor after my discharge. I had a savings account and arranged it so that my son's tuition money would come out of this account, however, I was unable to put some money in this account. The credit union claimed that they had to pay the amount of $245.00, a fee accrued because of insufficient funds in the account.  I just didn't have the money to pay anybody. I had lost one of part-time jobs, had my car repossed, and  my house was burglarized! So, I went into my retirement fund and claim bankruptcy November 28, 2008. The hearing was Jan 14, 2009? My question is, why wasn't this creditor at the hearing, if I still owed a fee of $245.00? Also, that I was fraudulent for having insufficient funds.  I only had a savings account,not a checking. I asked the company to please stop sending fees through the account in which they did.

Thank You.

Michigan

Answer
Was the credit union listed as a creditor in your bankruptcy papers?  If so, then the debt was discharged and unless they filed and succesfully litigated an objection to discharge, then they are violating the post discharge injunction of 11 USC 524 and you should bring a contempt of court action in your bankruptcy case against them.