QUESTION
Is there anything I can do for a collection of debt after bankruptcy was filed?
Asked on Sep 20th, 2012 on Bankruptcy - California
More details to this question:
A creditor went to my daughter’s house with his brother, cursed and screamed at her and her husband. They discussed my debt with her and her neighbors. It was about a debt that was discharged in bankruptcy. He threatened to tell her landlord about my debt. A police report was filed.
11 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Contact your lawyer or the trustee, it is possible to impose damages on the creditor.
Answered on Sep 26th, 2012 at 11:19 PM
You should have me contact him and explain to him what contempt of a federal court order is about.
Answered on Sep 21st, 2012 at 1:57 PM
That is the best thing for now. However, if a creditor tries to collect a debt after it has been discharged, the creditor may be liable for sanctions. You would file this with your bankruptcy court. Considering what has happened, it may or may not be worth it for you to pursue it.
Answered on Sep 21st, 2012 at 1:57 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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This is called contempt of the automatic stay. Your daughter should notify her lawyer. If she does not have one then she should file a report with the Bankruptcy Court. I hope this helps.
Answered on Sep 21st, 2012 at 12:34 PM
The discharge operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived You should contact a bankruptcy attorney to see about hauling the creditor in front of the Bankruptcy Court to explain himself.
Answered on Sep 21st, 2012 at 12:33 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Document everything that happened and try to get declarations and/or duly authorized recorded statements from your neighbors and other people with whom your creditor spoke. Then, you can hire an attorney to seek sanctions against that creditor, both compensatory and punitive. In addition, while most experienced attorneys will require a retainer, the law allows you to recover attorneys' fees and costs upon prevailing.
Answered on Sep 21st, 2012 at 12:32 PM
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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It sounds like you have a possible claim for the creditor's violation of the bankruptcy discharge order and of the Fair Debt Collection Practices Act. Speaking with a qualified consumer debt attorney can help you determine your recourse in this situation.
Answered on Sep 21st, 2012 at 12:31 PM
This is an absolute violation of the Fair Debt Collection Practices Act. You can sue this person and get money awarded to you for the violation.
Answered on Sep 21st, 2012 at 12:29 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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This does not appear to have been a violation of the automatic stay because it was not you who was cursed and screamed at. Talk to your bankruptcy attorney about this.
Answered on Sep 21st, 2012 at 12:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally if a debt is discharged in bankruptcy it would be contempt of the Bankruptcy Court, and its discharge, to attempt to collect it.
Answered on Sep 21st, 2012 at 12:26 PM
Yes. You sue the creditor for violating the discharge injunction. It sounds like you may have other causes of action against the creditor as well. Speak to an attorney immediately.
Answered on Sep 21st, 2012 at 12:25 PM