December 31, 2018 By:
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.
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.