A Collector is Chasing Me for An Old Account. I Already Filed Bankruptcy. – Shonaray

“Dear Mitch,

In 2006, I co-signed on a loan for my sister. I really didn’t want to do it but it helped keep her out of jail. Needless to say, a debt collection agency is after me now to repay the loan. I filed bankruptcy in April of this year and it was discharged at the end of August. When I initially filed, the account showed it was closed on my credit report so I couldn’t add it to the bankruptcy.

Can they still go after me? What are my options out of this? If I give them my siters info, will they leave me alone?

Shonaray”

Dear Shonaray,

You should have listed everyone that you owed when you filed your case. Your credit report just showed that the account was closed, but that did not forgive you of the debt. All is not lost, though. In many courts, the debt is discharged anyway as long as the case was Chapter 7 and no assets were distributed to creditors.

Send them the notice of your bankruptcy and a copy of the discharge. If they do not leave you alone, contact a bankruptcy law attorney in your area o reopen the case and add them or for possible litigation.

Mitchell Goldstein is an attorney licensed in Virginia. His practice focus is consumer bankruptcy, mortgage and debt defense and technology issues. He is a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA) and National Association of Consumer Attorneys (NACA). His goal is to educate people with solid advice and give guidance to consumers to help them made decisions that impact their financial well-being.

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.