The court date was set before the bankruptcy (chapter 7 no-asset) case was closed and the debt in question was fully discharged. The lawsuit is for credit card debt which was sold to a debt collector (the plaintiff). Is there a way I can, without leaving myself vulnerable, avoid having to spend several hundred dollars (I live in South Carolina now) to fly to NYC to attend this court date?
File your discharge with the court and send a copy to the judge for the hearing. You can do both by mail.
Just contact your bankruptcy attorney, but if you did not have one, then you need to send proof of the discharge to the Court. Good luck.
Send a copy of the discharge to the court in which suit was filed as well as a copy to the creditor who filed. That puts everyone on notice of the discharge. You are not vulnerable, regardless, bc the federal automatic stay will always trump a state court judgment.
You can try to call the other attorney and show them your discharge paperwork
Just provide a copy of the Discharge to Counsel for the Credit Card Company and t a copy of the Petition showing it was listed, and also provide same to the Court.
