QUESTION
What should I do if I am being harassed by creditors after receiving a Chapter 7 discharge?
Asked on Sep 29th, 2014 on Bankruptcy - Michigan
More details to this question:
I believe the creditors and debts in question were correctly identified in the schedules. Should I just gently bring the discharge to their attention?
13 ANSWERS
Derek W. Freeman
If you included these creditors on your petition, they should have received notice of the bankruptcy and the discharge. You should notify them of the discharge, and provide them with a copy of the discharge order (certified mail, return receipt). If they continue to harass you, sue them for discharge violation. But get a lawyer first.
Answered on Oct 07th, 2014 at 2:03 PM
No need to be gentle about it. Notify the offending creditors that they are violating the bankruptcy discharge & that you understand you have the right to sue for damages for any violation of the bankruptcy discharge.
Answered on Oct 01st, 2014 at 2:08 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Send them a certified or Fedex letter telling them that they're debt was discharged in bankruptcy and that you will sue them if they continue to harass you.
Answered on Sep 30th, 2014 at 5:18 PM
Give them the case number, the date of filing, and the date of discharge. If they persist, go back to your BK attorney. There are State & Federal Laws that protect you from this kind of conduct. These laws provide for the payment of attorney fees by the parties breaking these laws.
Answered on Sep 30th, 2014 at 11:58 AM
Debt Relief Attorney serving Anaheim, CA
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Marlin Branstetter Attorney at Law
Bring the discharge to their attention-there is no need to be gentle about it, they are breaking the law. Also notify the United States Trustee (not the bankruptcy trustee) about creditor abuse.
Answered on Sep 30th, 2014 at 11:54 AM
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You could remind them that federal law prohibits them from any further collection. Sometimes there are so many involved in collection efforts with a creditor that they do not all get the information. You should only have to remind them once.
Answered on Sep 30th, 2014 at 11:17 AM
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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Keep a record of each contact by a creditor after bankruptcy. Send each creditor contacting you a copy of the Discharge Order.
Answered on Sep 30th, 2014 at 10:53 AM
Mail them a copy of your discharge. If the debts were pre-filing they are discharged even if not listed if omitted in good faith.
Answered on Sep 30th, 2014 at 10:53 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Gently.. I would not be gentle. I would give them a copy and if they fail to cease and desist, I would take it to the Bankruptcy Court and have them sanctioned.
Answered on Sep 30th, 2014 at 10:45 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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I would send them a letter, certified - return-receipt, along with a copy of the discharge order. If they continue, you should contact an attorney to take them to court for violating the discharge injunction.
Answered on Sep 30th, 2014 at 10:45 AM
If you are being harassed by creditors or debt collectors schedule on your bankruptcy petition, you have an actionable claim against them for damages. In Connecticut we have the CCCPA which protects you from the unscrupulous actions of creditor and you are also protected by the Fair Debt Collection Practices Act (FDCPA) which protects you from third party debt collectors. What you need to do is bring these issues to a consumer law firm that handles these types of cases like Rosenberg and Press 203.870.6700, and allow them to do what they do best and make you money. Some consumer firms like ours do not even charge you any money as these are mostly fee shifting statutes which means that the creditor or debt collector pays your attorney fees. You may be entitle to as much as one thousand dollars paid to you for each account that they violate as well. So don't wast any time, keep a diary of dates, times, names and what was said and we can help you!
Answered on Sep 30th, 2014 at 10:45 AM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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Yes. You can send them a copy of your discharge. If they continue harassing you after you inform them of your discharge, you can reopen your case and bring a violation of the bankruptcy stay action before the Bankruptcy Judge.
Answered on Sep 30th, 2014 at 10:44 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, and no need to be gentle.
Answered on Sep 30th, 2014 at 10:43 AM