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Lawyer seeking alias execution on discharged debt/

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bobru

Member
What is the name of your state (only U.S. law)? Massachusetts

I had a Chapt 7 bankruptcy discharged 3 years ago. One of the listed creditors is still pursuing the debt. I told his lawyer that it was a discharged debt. Yesterday I received a plaintiff's motion for alias execution. I would appreciate any advice on the matter.
 


bigun

Senior Member
Why is that? I thought a discharged debt is a discharged debt. What is an alias execution?
I have no idea what an alias execution is.
But, once your bk is discharged, the automatic stay morphs into a permanent injunction against any collection activity. Your lawyer can file a motion to reopen your bk for the purpose of sanctioning the creditor. It's likely they will be the ones writing you a check .
 

bobru

Member
I like the sound of that! I was recently laid off, however, so I can't afford a lawyer. I'll have to figure out how to write the motion myself. Any tips on where to find a template on the internet?
 

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