Denver Debit

[DenverDenver303]

From Denver, Colorado

I recently filed and discharged a personal Chapter 7 bankruptcy. During the stay, I was served for a collection included in the BK, but filed against a business I sold months ago. Then, after the BK, I was again served with the exact service - same case, case #, date of trial, etc. My question: Shouldn't an attorney check for BK info before serving someone - is he inviolation of the stay?

Is the multiple service harrassment?

Can he collect anything since the business was sold, which included ALL asests of the business and the fact that the debit was included in the BK??

[Zigner]

Originally Posted by DenverDenver303

From Denver, Colorado

I recently filed and discharged a personal Chapter 7 bankruptcy. During the stay, I was served for a collection included in the BK, but filed against a business I sold months ago. Then, after the BK, I was again served with the exact service - same case, case #, date of trial, etc. My question: Shouldn't an attorney check for BK info before serving someone - is he inviolation of the stay?

Is the multiple service harrassment?

Can he collect anything since the business was sold, which included ALL asests of the business and the fact that the debit was included in the BK??

How was the business structured?

[DenverDenver303]

It was/is an LLC. I sold all assets - website, equip, etc.

[cosine]

Originally Posted by DenverDenver303

From Denver, Colorado

I recently filed and discharged a personal Chapter 7 bankruptcy. During the stay, I was served for a collection included in the BK, but filed against a business I sold months ago. Then, after the BK, I was again served with the exact service - same case, case #, date of trial, etc. My question: Shouldn't an attorney check for BK info before serving someone - is he inviolation of the stay?

Is the multiple service harrassment?

Can he collect anything since the business was sold, which included ALL asests of the business and the fact that the debit was included in the BK??

It is possible for the attorney to not have all the details. Send back a letter with a copy of the discharge.

[DenverDenver303]

That was kinda my orig question, is it not typical that an atty check first to inquire as to the status of a company/individual as far as if they are in BK or whatever??

Originally Posted by cosine

It is possible for the attorney to not have all the details. Send back a letter with a copy of the discharge.

[LSCAP]

In my case about 15 years ago, (It might have changed ) they were allowed to call you once, after the BK, just in case you wanted to settle.

[cosine]

File a response with the court for the served lawsuit. Include a motion to "dismiss with prejudice due to bankruptcy discharge on (give date)". Include a copy of the bankruptcy discharge. Send it as instructed by the summons. Send the plaintiff a complete copy of everything, per the instructions or if no specific instructions, send by certified return receipt mail. If nothing happens by the court date, show up with all your evidence, including the bankruptcy evidence and the business sale evidence, with extra copies to hand over to the plaintiff. If you get a notice from the court that the case is dismissed, check and be sure it really came from the court.