What recourse does a debtor have if my bankruptcy was dismissed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What recourse does a debtor have if my bankruptcy was dismissed?
I filed Chapter 13 in 2004 and was paying until I lost my job in 2007. The bankruptcy was dismissed, and now I have the credit card company coming after me to pay. This is unsecured, I owe no property, and the debt is about 6 years old by now. I am still not working and have no regular income. What is their recoourse other than charging off the balance?
Asked on May 15, 2009 under Bankruptcy Law, Ohio
Answers:
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
On a general note the credit card company themselves will usually not come after you personally, they often charge it off and the debt will be purchased. However at that point it is usually with a collection agency or an attorney
They will contact you and give you the chance to make payments, if you do not they oftentimes will get a judgment against you. At that point you can make payments or they will proceed. I personally don't know specifics of your state but they may be able to garnish wages, freeze banks accounts, etc.
So your best solution is to try and make payments and if you cannot try to work something out with them see about setting up a cure with the credit card company which is a lowering of the balance.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.