Middletown, NJ Bankruptcy Law Firms & Lawyers

Regardless of whether or not this debt collector can legally collect on this debt, her actions are in violation of state and federal law regarding debt collection practices. If there is no judgment against you (if there is, it is good for 10 years, but can be renewed), then the statute of limitations may have run, unless you have been paying on the debt, which resets the clock on the time limit. You should consult counsel, as violations of the state and federal laws carries with it mandatory attorneys fees.

Yes. In bankruptcy, valid noticing to all creditors is required and inadvertently non-noticed parties should be added to the bankruptcy case creditor-list if discovered during the pendency of the case. However, from a practical standpoint and given 9th Circuit (which includes CA) authority that provides for presumptive discharge of otherwise non-contestable debts in a no-asset case notwithstanding lack of notice, then you should be all right, with no need to incur costs to reopen the case and add missing addresses (insofar as you can obtain the addresses). If collection upon the debts in question should occur, provide them with proof of discharge or contact an attorney if the problem persists to consider a "violation of discharge" action. This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it's independent of other answers. It may be time sensitive, as in past the "Use by" date: laws and case law change. Hire legal counsel before acting or refraining from bankruptcy/legal action.