You hired a bankruptcy attorney, went through the entire bankruptcy process, and had your debts discharged. You have received a new financial start and your future is looking up. Out of the blue you get a phone call or a demand letter from a creditor whose debt was discharged in bankruptcy, insisting that you owe the debt and making payment demands on the discharged debt. What are your options, and what can you do to protect yourself in this situation? The attorney who handled your bankruptcy should be willing to discuss this problem with you if it occurs.
Once your debts are discharged in bankruptcy then the creditors listed are not allowed to contact you or make any attempts to collect on the discharged debts. If the contact occurs after you have filed but before your debts are discharged then the creditor has violated the automatic stay of the bankruptcy law. When you file for bankruptcy a stay is automatically put in place that prevents any further debt collections on the debts listed in your bankruptcy petition. Once the bankruptcy is over and your debts have been discharged then there is an injunction in place concerning the collection of discharged debts.
Sometimes the contact may be an honest mistake by the creditor, and if you are only contacted once then you may not need to do anything at after you explain to the creditor that the debt was discharged in bankruptcy. Often the creditor is unaware of your bankruptcy case and giving them this information will stop the contact immediately. A single call or letter is nothing to get excited about, but if a creditor starts to harass you by repeated calls or letters or attempts using other collection methods then you may need to take action.
The bankruptcy attorney that you hire should be willing to represent you to your creditors as well as the court and others involved in your bankruptcy case. If you feel that the contact by a creditor is abusive, illegal, or harassing this should be discussed with the attorney who handled or is handling your case. The bankruptcy court takes a stern view of creditors who break the law and continue debt collection activities during and after bankruptcy proceedings.
If you are being contacted after filing for bankruptcy there are some steps you should take. Keep track of the phone calls and keep any letters that you receive, this evidence may be needed if your bankruptcy attorney decides you should sue the debt collector for violating the automatic stay or injunction. Filing for bankruptcy protects you from creditor harassment and you do have rights. If a creditor contacts you more than once after you file for bankruptcy or the debt in question has been discharged then your bankruptcy attorney can advise you on the next step. Make sure you choose an attorney who will be your advocate at every point in the bankruptcy process, including after the discharge has been issued.
The bankruptcy attorneys at Richard West Law can help provide a free debt consolidation consultation to help you find the right answer for your unique debt problems and circumstances. Visit https://www.debtfreeohio.com or call (513)771-8700 or (937)748-1749 to get the answers you want, and the financial relief you are looking for.