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Creditors and Bankruptcy/Served a Summons after a Chapter 7 Discharge

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Expert: Brian V. Lee, Esq. - 4/16/2011


Question
I filed for Chapter 7 last year and I received my discharge early this year.  All my debt was discharged, including a SBA loan that I personally guaranteed for a LLC I no longer operate.  Just today, I received a summon's letter from the creditor demanding payment of the loan plus any collateral that belonged to the LLC.  This was a single member LLC that I used as a face for my freelance work.

My lawyer told me once I received the discharge, the creditors could no longer come after any of the owed debt.  The same is said in my discharge papers.  But now I have this summons demanding payment and collateral.  Are they even allowed to do this?  Is this something I need to worry about?  Can I file a complaint against this?

Thanks for your help in advance!

Answer
This is likely an honest mistake.  Call the attorney and offer to fax them the Discharge Order.  Request a copy of the dismissal (or nonsuit).  If they continue with collection efforts, then you may pursue them for sanctions for violation of the Discharge Order.


Brian V. Lee, Esq.
Chapter 7 lawyer Virginia
http://www.lee-legal.com

Creditors and Bankruptcy

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Brian V. Lee, Esq.

Expertise

All questions related to consumer and business bankruptcy, debt management, and personal finances are welcome. Serving clients in the DC-metropolitan area since 2005, I am licensed in Virginia and the District of Columbia. I have provided counsel to hundreds of clients with a wide variety of complex legal and financial issues. Feel free to visit my All About Bankruptcy blog for more information.

Experience

Serving clients in the DC-metropolitan area since 2005, I am licensed in Virginia and the District of Columbia. I have provided counsel to hundreds of clients with a wide variety of complex legal and financial issues. * Bankruptcy Chapter 7 * Bankruptcy Chapter 13 * Bankruptcy Chapter 11 * Bankruptcy Terms * Foreclosures * Mortgage Issues * How to Save Your Home * How to Rebuild Your Credit * Property You Can Keep * Car Repossession * Debt Test * Tips for Consumers in Debt * What to Expect in Court * Washington, D.C., Exemptions * Virginia Exemptions * Checklist of Key Changes in Bankruptcy Law * Changes in Chapter 7 & 13 Bankruptcy Law * Big Changes in Bankruptcy Law

Organizations
DC Bar, VA Bar

Publications
http://www.lee-legal.com/bankruptcy-blog

Education/Credentials
I am a graduate of Rutgers University and the George Mason University School of Law.

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