QUESTION
Can a creditor still call me at work after my bankruptcy is discharged?
Asked on Mar 08th, 2012 on Bankruptcy - North Carolina
More details to this question:
My bankruptcy has been discharged for 2 years now and one of the debt collectors said that I had filed bankruptcy and called me at work. Can I sue them over this?
13 ANSWERS
No.
Answered on May 30th, 2013 at 8:38 PM
Criminal Defense Attorney serving Portland, OR
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Jacob D. Braunstein, Attorney at Law
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If the creditor was listed properly in the bankruptcy and your debt to that creditor was discharged, the creditor should not be contacting you regarding that debt post-discharge.
Answered on Mar 12th, 2012 at 5:58 PM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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Creditors are subject to the requirements of 11 USC 524 (on bankruptcy discharge). Contact your attorney to pursue a possible claim against a creditor for violation of a federal court order.
Answered on Mar 12th, 2012 at 5:47 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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You should give them the bankruptcy case number. If they were originally under the bankruptcy, you can take them back to the bankruptcy court and ask the court to sanction them.
Answered on Mar 12th, 2012 at 4:35 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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Yes, you can sue.
Answered on Mar 12th, 2012 at 3:25 PM
Domestic Relations Attorney serving Huntsville, AL
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Ferguson & Ferguson
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You could. But you should just call your bankruptcy attorney and have him contact the creditor regarding the bankruptcy.
Answered on Mar 12th, 2012 at 2:49 PM
Yes. This is a violation creditors listed and discharged in your bankruptcy cannot call you during or after your bankruptcy is completed. If they continue talking to you after you inform them of your bankruptcy, ask calmly for their name, phone number, address so "I will know who to name as a defendant in my harassment law suit", etc.- the collector will hang up immediately.
Answered on Mar 12th, 2012 at 2:30 PM
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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Most likely, you would have to reopen your bankruptcy case and file a contempt action against them. If you had an attorney, refer them to your attorney.
Answered on Mar 12th, 2012 at 1:21 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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A discharge is a permanent injunction against collection actions. If you are contacted by a creditor you should send a copy of your discharge to them. If they persist in calling you may want to file a small claims action against them.
Answered on Mar 09th, 2012 at 2:25 PM
Yes that is presumptively a violation of the federal Fair Debt Collection Practices Act.
Answered on Mar 09th, 2012 at 1:48 PM
Bankruptcy Attorney serving Seattle, WA
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Symmes Law Group, PLLC
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Yes, it sounds like you would have a cause of action if the debt was incurred pre bk filing.
Answered on Mar 09th, 2012 at 1:45 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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No. Violation of the discharge does not provide an independent cause of action. Only a right to sanction for contempt.
Answered on Mar 09th, 2012 at 12:39 PM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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Yes. To pursue this collection is a violation of the discharge injunction. You could file to re-open your case and file a motion for sanctions there or file separate suit.
Answered on Mar 09th, 2012 at 12:38 PM