Submitted by bobru on Thu, 07/30/2009 - 00:44
Posted in
I got a motion for alias execution from an attorney regarding a debt that was discharged in bankruptcy 3 yrs ago. I already informed the lawyer of this fact. What recourse do I have?
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Editor's Response
I obviously am not privy to the facts underlying your question. However, assuming this attorney is in fact trying to collect a properly discharged debt, and he continues his efforts even after you notify him of the discharge, you (or preferably your attorney, after she reviews the facts) can file a motion with the original bankruptcy court asking that the case be re-opened and that the court ensure that the discharge is not violated. Bankruptcy courts often hold those who violate a discharge in civil contempt and fine them. Good luck.