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  1. #1
    Join Date
    Sep 2008
    Posts
    1

    Default Collecting a Default That Occurred After Bankruptcy

    we are a small automotive shop and are trying to collect a debt on services rendered. we were just informed that this person claimed chapter 13 BEFORE she had these services performed.

    what steps (the simple the better) should we take to collect our debt?

    is she doing anything illegal by getting services she knows she cant pay since she just claimed chapter 13 a few months before?

    thanks in advance

    we are in pennsylvania, she lives in delaware.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Collecting a Default That Occurred After Bankruptcy

    It's my understanding that bankruptcy only relieves you of the debts you have contracted BEFORE you file. Anything you contract after you file, you're on the hook for.

    Take her to small claims. You'll have to go back after winning your judgment to get her wages garnished/bank account levied, but this seems the most expedient course of action.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Collecting a Default That Occurred After Bankruptcy

    I suggest checking with the bankruptcy court, before filing any lawsuit, that the "automatic stay" is no longer in effect from her filing for bankruptcy protection

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Collecting a Default That Occurred After Bankruptcy

    Agree, check with the bankruptcy court re the stay.

    Usually, the automatic stay will remain until a judge lifts the stay at the request of a creditor; the debtor gets a discharge; or the item of property is no longer property of the estate.

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