What should I do if a creditor who was part of the bankruptcy files a lawsuit against me after I’ve been discharged?
June 28, 2022
By Diane Drain Attorney & Retired Law Professor
First, double-check that the debt was included in your bankruptcy. If it wasn’t, you might still have time to include it.
Do not disregard the case; else, a default judgment will be entered against you. Respond to the lawsuit by filing an answer in the court where you were sued, claiming that the debt was discharged through bankruptcy. When the judge discovers that the debt was listed in bankruptcy and then discharged, the case is usually dismissed. If the judge does not dismiss the case, you can seek an injunction from the bankruptcy court ordering the creditor to stop pursuing you.
A bankruptcy discharge is a valid legal defense against any debt that has been duly discharged, but you must assert it.
By Diane Drain|Published On: June 28th, 2022|Last Updated: July 28th, 2022|
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