When a Creditor Tries to Collect on a Debt that Has Been Discharged

Your Rights When a Creditor Ignores a Bankruptcy Order

When a Creditor Tries to Collect on a Debt that Has Been DischargedWhen you successfully file a Chapter 7 bankruptcy petition, you’ll be able to permanently absolve yourself from financial responsibility for any debts included in the filing. But what happens if you’ve completed a personal bankruptcy filing, the court has entered a discharge order and a creditor then seeks to recover the debt from you. What do you do if you start receiving letters and phone calls about the debt or, worse yet, you are named as a defendant in a collection lawsuit?

Protecting Yourself against Post-Discharge Collection Efforts by Creditors

When your Chapter 7 filing is complete, the U.S. Bankruptcy Court will prepare and file an order, or judgment, setting forth the terms of the discharge. This order is binding upon all parties, including former creditors. Any actions that are contrary to the terms of the court’s order will be considered to be contempt of court. If the bankruptcy court determines that a creditor is in contempt, it has a number of sanctions it can impose, including substantial fines and a requirement that the creditor pay any legal fees you incur.

In addition to contempt proceedings, you can also look to the Fair Debt Collection Practices Act (FDCPA), a federal statute that protects individuals when someone seeks to wrongfully collect on any type of debt. Because discharged debts are no longer enforceable in court, a creditor cannot claim any legal right to collect the debt. Attempting to collect such a debt is a violation of the Fair Debt Collection Practices Act.

Contact Heath, TX Bankruptcy Attorney Carrie Weir

At the Law Office of Carrie L. Weir, I provide a free initial consultation to anyone with questions or concerns regarding a personal bankruptcy filing. Contact my office by e-mail or call me at 972-772-3083 to schedule a private consultation. With offices in Rockwall, Texas, I represent clients in Heath, Greenville, Lavon, Wylie, Mesquite and Rowlett.

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Call Rockwall bankruptcy lawyer Carrie Weir at 972-772-3083 or fill out the contact from below for a free, confidential consultation to discuss your options.

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