Can an institution take puntitive action following a discharged bankrupcy?
Asked on Mar 05th, 2013 on Bankruptcy - North Carolina
More details to this question:
Bankrupcy was discharged 3 years ago. and the banking part of our insurance company has us blocked from all online services and admits it is puntitive.
That's a very interesting question. I'm not sure what banking services you would need with an insurance company, but I think this comes down to whether what they are doing amounts to an attempt to collect on a debt that was discharged in your bankruptcy case. I don't think that banks (or insurance companies) are REQUIRED to provide you anything; you always have the right to use a different institution, so I'm not sure refusing to provide you online access, etc. would amount to a violation of the discharge.
On the other hand, if they admit that it's punitive solely because of the bankruptcy, you may be able to rattle their cage by filing a contempt motion with the bankruptcy court. That will cost you money, however, with no guarantee of recovering any.
I would check with a bankruptcy attorney in the location where your case was filed for further direction on this issue.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
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