QUESTION
What can I do if one creditor refused to stop calling me even after being told I had filed bankruptcy?
Asked on Jul 20th, 2016 on Bankruptcy - Nevada
More details to this question:
My bankruptcy was discharged in January 2014. It is now over two years later and I have received a bill again. Per my credit report, it shows chapter 7 bankruptcy in the remarks as well as status open. I guess this means they are trying to get the moneys. What can I do?
8 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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All creditors and collections agencies are aware of the bankruptcy laws. Anyone that continues to contact after filing bankruptcy is probably a scam anyway. If they are an actual creditor, you can get the bankruptcy court to issue a restraining order and pay damages but usually these con artists have no address and won't give you a real company name.
Answered on Aug 19th, 2016 at 7:11 PM
Write to the creditor, with a copy to the Colorado State Attorney General's office (they regulate all professional creditors in Colorado). Tell them you have file BK, and they were included. Include a copy of the Creditors' Meeting Notice, the list of creditors, and the final Order of Discharge. Tell them to cease all collection efforts. There are attorneys who sue these people for their illegal collection efforts, if the need arises.
Answered on Aug 18th, 2016 at 6:23 PM
Landlord & Tenant Attorney serving Thibodaux, LA
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The Louque Law Firm, L.L.C.
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If the creditor was listed in the bankruptcy and they were discharged, they are in violation of the discharge injunction and you can reopen your bankruptcy case to sue them to enforce the discharge and get paid for any damages you may have incurred.
Answered on Aug 17th, 2016 at 8:39 PM
Chapter 7 Bankruptcy Attorney serving Santa Monica, CA
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Law Offices of Glenn T. Litwak
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You need to file a motion for contempt. The court will pay your attorney's fees and possible damages.
Answered on Aug 17th, 2016 at 8:38 PM
They are not allowed to call you and if they do not stop you should tell your attorney that so he can take action against them.
Answered on Aug 17th, 2016 at 8:38 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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the creditor is violating federal law specifically 11 USC sec. 524, the Discharge. That is a contempt of court. You would be well-advised to find an experienced bankruptcy lawyer and have him or her threaten this creditor with contempt unless he stops all collection efforts. And if there is a single further violation of the discharge, your lawyer should bring a motion for contempt.
Answered on Aug 17th, 2016 at 8:37 PM
Send them a copy of your discharge. If they then continue to contact you, they are in violation of the FDCA and can be sued.
Answered on Aug 17th, 2016 at 8:37 PM
Have you put any of your communication to this creditor in WRITING. Your legal rights generally require to show written communication first. You may have the right to bring suit in bankruptcy court for a violation of your discharge, but you have to give the creditor a chance to correct their ways first to be awarded damages. Otherwise, it looks like you are playing a high stakes game of GOTCHA!
Answered on Aug 17th, 2016 at 11:45 AM