If you file bankruptcy and get your discharge, you assume you’ve finished with your debt problems.

Right?  I did too.

But, not if you live in Webster, Massachusetts.

The Government, not feeling bound by the injunction issued with the discharge, seeks to collect the debt of “upkeep and maintenance” from a homeowner long after the discharge and long after the homeowner has surrendered the property.  Kind of gives new meaning to the phrase, “We’re the government, we’re here to help.

Here’s the story as reported by the News Telegram.  Nydia Ruiz filed bankruptcy and received her discharge.  As part of this Chapter 7 bankruptcy case, she surrendered her home in Webster, Massachusetts.  This left the property subject to the rights of foreclosure by the lender.  It seems that she bought the home with her live-in boyfriend, but after the relationship fizzled, so did the desire to keep the house.

She moved after surrendering the house.  Understand that her bankruptcy case was filed in 1998!

Because the house has become an eyesore, and is an unkempt condition, the board of selectmen decided to bring pressure on the owners by putting up a 4 x 8 sign on the wall of the house with the owner’s current address and phone number.  Here is a picture of the sign.

So now, three years after believing she was done with this property, the city of Webster shows up, along with the many calls she’s received.

Here’s the interesting question: Is the posting of the sign with her current address and phone number a violation of the injunction issued when she received her Chapter 7 Discharge?

I suspect her lawyers will explore that question thoroughly.  I would!

I’ve been filing bankruptcy cases for nearly 30 years.  I’ve never seen this happen.  The injunction issued when you receive your Chapter 7 Discharge enjoins every creditor from taking any action to collect a debt that existed on the day you filed your bankruptcy case.  This means that they can’t call you, write you, or sue you for any of the debts that are dischargeable in your bankruptcy case.

If you need to consider your options, just give your Knoxville – Sevierville Bankruptcy Attorneys a call at 865-246-1050 and set up a free consultation today.  The government may not truly be “here to help” but we are.