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Chap 7 and Timeshare

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bigun

Senior Member
You're the one who keeps bring up collection agencies. The OC is not bound by the FDCPA so your recourse against them would be violation of the permanent injunction in attempting to collect a discharged debt.
 


donnymax62

Junior Member
bigun said:
You're the one who keeps bring up collection agencies. The OC is not bound by the FDCPA so your recourse against them would be violation of the permanent injunction in attempting to collect a discharged debt.
Right. So who inforces the permanent injunction? The bankruptcy court? Or do I have to file a civil suit against them? The FDCPA would only come into play if they hire a CA to collect.
 

bigun

Senior Member
Your lawyer will explain the mechanics but basically, you reopen the bk and file a complaint against whomever is violating the injunction and there is a hearing before a bk judge.
I really doubt it'll come to that.
 

donnymax62

Junior Member
bigun said:
Your lawyer will explain the mechanics but basically, you reopen the bk and file a complaint against whomever is violating the injunction and there is a hearing before a bk judge.
I really doubt it'll come to that.
Thanks for all your help, bigun.
 

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