Need Help

[hunter00]

What is the name of your state? VA

After work when wife arrived home, there was a summons on the door to appear in court on 2/05 for credit card default (garnishment hearing). My wife filed for ch. 7 bk 10/03 and was discharged 1/04. This credit card was included but is listed as original creditor and not this law firm trying to collect on the debt....

What does she need to do??? Thanks in advance for the help!

[ihatearizona]

Someone else had the same problem last week. Click on this link:
[url]http://forum.freeadvice.com/showthread.php?t=206844[/url]

[AttorneyOney]

This is an area where practice definitely varies between different bankruptcy courts. Here in the First Circuit, we generally file a motion to reopen the case followed either by a motion or an adversary proceeding seeking sanctions for violation of the section 524 discharge injunction. The motion to reopen is free because it relates to the debtor's discharge. Only a Virginia attorney can tell you how it's done in your state.

If you don't mind my asking, which credit card? Was this the first summons she received relative to this credit card? If not, when was the case commenced? If before her petition, did she list the case in her SOFA?