[CLBS] Discharge Violation vs. Voluntary Payment

[dbc dbclarklaw.com]

If it's like every other credit union with which I've dealt, they won't give him a loan until he "makes it right."  He didn't reaffirm, obviously, but I doubt it's an involuntary collection.  He didn't have to get the loan from them.  

I don't know a way to avoid this.  If there's a document with some sort of "weasel-word" language (like, I'm paying this under protest, etc.,) then they probably won't give it to him.  Just my 2 cents (3 adjusted for inflation).

D. Blair Clark
LAW OFFICES OF D. BLAIR CLARK PC
967 E. Parkcenter Blvd., #282
Boise, ID 83706
Phone:  208-475-2050
Fax:  208-475-2055
Cel:  208-863-2505

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Robert J. Maynes
Sent: Thursday, April 8, 2021 10:28 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Discharge Violation vs. Voluntary Payment

Hi Listmates,
I hope all are well and doing well!  I have an interesting question to run by the group.  Assume the debtor received a discharge several years ago and discharged a few thousand dollars owed to the credit union.  Debtor now approaches the credit union for a loan and as a part of the loan wants to “make things right” and pay the discharged amount.  I appreciate the debtor can voluntarily pay any discharged debt, but what is the likelihood that debtor later has a change of heart and asserts that he was coerced into making the payment and as such it was a violation of the discharge?  What other risks might there be?  Any recommendations on how best to minimize the risks?
Kindest regards,
Rob





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