When a Creditor Violates the Bankruptcy Discharge

When a Creditor Violates the Bankruptcy Discharge

Your bankruptcy discharge is a court ordered permanent injunction prohibiting certain creditors from taking collection action against you. A debt discharged by your Massachusetts bankruptcy cannot be collected from you. Unfortunately, some creditors refuse to take "No" for an answer. If you are contacted regarding a discharged debt, here's what to do:

Inform the creditor of your bankruptcy discharge

When a debt is discharged in bankruptcy it does not simply vanish. The debt still exists; it is just not "collectible." This debt may be sold or transferred to another collector, and the new collector may not know about your bankruptcy discharge. This is not to say that ignorance is a defense to violating the court order! However, informing the collector of your bankruptcy discharge is usually enough to stop all collection activities.

The collector may ask you for information about your case, including your case number, bankruptcy chapter (Chapter 7 or Chapter 13), and the date of the discharge. These are reasonable requests if meant to update their records so you are not bothered in the future. If you do not have this information, simply refer the collector to your Massachusetts bankruptcy attorney.

Ask for sanctions

In some cases the creditor knows about the bankruptcy discharge and still tries to collect. Whether the action results from ignorance or arrogance, Massachusetts bankruptcy courts take a dim view of creditors who intentionally violate the discharge order. When a court order is violated it is punished by contempt of court. The bankruptcy court can sanction the violator (called the "contemnor") and assess a fine, award actual damages, and order the contemnor to pay the debtor's attorney fees.

The federal bankruptcy laws offer very powerful protection for Worcester debtors. Getting the full benefit of your bankruptcy case requires a skilled and experienced attorney. Call the Law Office of Robert W. Kovacs, Jr. toll-free at (877) 315-2641, and use the bankruptcy laws to give you a fresh start that is free of creditor harassment.