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[leland]

Hello everyone,

Hopefully I can get an answer regarding my question below.

I went to court a few weeks ago regarding a creditor that placed a judgment against me for $1,700. Originally this debt was $300.
This debt was included in my 2002 bankruptcy, but the judge told us to come back next month because she wasn't sure of the bankruptcy law with making payments "after" a discharge.

The judge said that by me making a payment of $160 in 2004 (two years after my discharge). I may have started the Statue of Limitations over and now I owe this debt because of those payments :-0.

Is this true?

Any information would be greatly appreciated.




....

[artek57]

Yes it's true, and WHY would you make payments on something that was discharged through bankruptcy? You basically just f*cked yourself and now you owe the money.

[ardwyad]

It all depends on if the debt was discharged. If you reaffirmed the debt, it is enforceable outside of bankruptcy. Bankruptcy Code § 524(c)(1) provides that a reaffirmation agreement is unenforceable unless it is entered into prior to discharge. If the court did not approve it, and the debt was discharged, you should not be liable on the debt.

Your best alternative is to speak with an attorney that can look at your situation to make sure you are getting the best advice based on your factual situation.

[eddis]

If that debt was specifically included in the bankruptcy then you are not liable for it, and it is illegal to try and collect. Sue them.