So you filed for protection under Chapter 7 , identified the debts that you want to permanently discharge, sold some of your assets at a bankruptcy sale, and thought the matter was closed. What do you do, though, if one of your creditors, whose debt was extinguished in the Chapter 7 proceeding, continues in attempts to collect the debt from you? This blog post addresses your rights in these situations.

At the office of bankruptcy attorney Carrie Weir , in Rockwall, Texas, I provide a free initial consultation to anyone considering filing for bankruptcy. For a private meeting, contact my office online or call me at 972-772-3083 to set up an appointment.

Protect Your Rights after a Discharge in Bankruptcy

Under the federal bankruptcy laws, when a debt is discharged through a Chapter 7 proceeding, the creditor has no further legal right to seek payment from you. Nonetheless, either intentionally or unintentionally, creditors may contact you after the close of a Chapter 7 bankruptcy , seeking to recover payment or to get you to make a new arrangement. You don’t need to put up with this.

If you have been contacted by a creditor or collection agency seeking to recover a debt that was discharged in bankruptcy, you need to immediately contact your bankruptcy lawyer. If the efforts persist, your attorney can file a motion with the bankruptcy court, reporting the illegal action and asking that the court reopen your case to address the matter. Once the case is reopened, you can file what is known as an “adversary complaint,” asking the court to use its power to stop any further creditor harassment, and, if appropriate, to issue sanctions or assess damages for the violation. In most instances, the court will assess a fine, and may even require the creditor to pay attorney fees.

Contact the Office of Texas Bankruptcy Attorney Carrie Weir

I offer a free initial consultation to all potential bankruptcy clients. Contact my office by e-mail or call me at 972-772-3083 for a private meeting. With offices in Rockwall, Texas, I represent clients in Heath, Greenville, Lavon, Wylie, Mesquite and Rowlett.

Speak Your Mind


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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