The discharge of your bankruptcy is meant to prohibit creditors from pursuing collections. But occasionally it feels as though a debt will never be paid off. Alternatively, the creditor may persist.
Typically, this happens as a result of the original creditor selling off its bad debt to a debt buyer after being mentioned in the bankruptcy. It was not noted by the original creditor that the loan was forgiven in a bankruptcy. Unaware that the debt cannot be legally collected, the debt buyer makes an effort to collect. the repercussions of litigating over a discharged debt.
The discharge order should be taken out first, and a copy should be sent to the collector making the demand, along with, if it’s practicable, a copy of the schedules naming the original creditor.
You can obtain a copy of the discharge through PACER if you don’t already have one. Give the debt collector written and verbal confirmation of your bankruptcy petition.
- Mention the case number, the filing and discharge order dates.
- Demand that collecting stop.
- Send a letter with a request for a return receipt. Make sure the collector received your letter without a shadow of a doubt.
- Maintain copies of every correspondence you send to the creditor.
If your case was a no-asset Chapter 7 case in which creditors received no distribution, even obligations that weren’t specified in your bankruptcy schedules are dismissed in the majority of federal circuits. Beezley is the case that supports that claim in the 9th Circuit.
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Therefore, don’t believe the collector’s assertion that he has a right to collect since he didn’t know or wasn’t mentioned. Not so.
Get the judge’s assistance.
You can approach the bankruptcy judge for assistance if the debt collector doesn’t give up. In the end, the judge’s ruling is being disregarded. Most judges are not interested in it.
For assistance enforcing the discharge, speak with your bankruptcy counsel. You must serve the dishonest creditor with a request for penalties for breach of the discharge. The Bankruptcy Code gives the judge the authority to compensate you for the legal costs and any expenses you spend in executing the discharge.
You could have broken the Fair Debt Collection Practices Act if the debt buyer had no reason to be aware of the discharge. You could be eligible for a larger variety of damages as a consequence. In courtroom efforts to provide the debtor the tranquilly that the discharge is meant to bring, bankruptcy lawyers are getting increasingly aggressive. Judges are likely to rule that the creditor must cover the debtor’s legal costs associated with pursuing the discharge.
Check your credit report
Additionally, look up your credit report. The issue may have been made worse by the debt buyer disclosing non-payment of the discharged obligation to credit reporting bureaus. Another component of the harm brought on by the breach of the discharge order may be any harm to the debtor’s post-bankruptcy credit history.
Take command of your situation to reap the benefits of your release.