A discharge of debt in bankruptcy is supposed to stop creditors from attempting to collect
As a consumer who has gone through the bankruptcy process you have rights that protect you from the harassment of debt collection. You are protected under your Bankruptcy Discharge and the Fair Debt Collection Practices Act (FDCPA).
If a debt is discharged in a bankruptcy and the creditor tries to collect the debt, you have the right to file a Motion for Contempt of Court for Violation of the Order of Discharge and ask the Court to award damages, legal fees, and punitive damages.
If the debt is sold to a new creditor called a “Debt Buyer” and that buyer then attempts to collect on the debt, IT IS ILLEGAL. This debt isn’t legally collectible! Bankruptcy Discharged Debt Isn’t Legally Collectible!
Bankruptcy Discharged Debt Isn’t Legally Collectible
If collection actions are being taken against you for a debt that has been discharged, you may have rights and an ability to recover damages through the Bankruptcy Court and under the FDCPA. Contact our office to discuss the process for filing suit on your behalf and protecting you from debt collectors violating the Bankruptcy Discharge and the FDCPA. We will file the appropriate suits and/or motions to ensure that you live your life comfortably and free from hassle.
Our office will evaluate your case and assess the likelihood of recovering attorney’s fees and damages or sanctions that you incur in enforcing your rights under the FDCPA. A wide range of damages may be available to you as a result. IF WE TAKE YOUR CASE, THE CREDITOR WILL PAY OUR LEGAL FEES.
Bankruptcy and debt collection attorneys like myself are becoming more active in the court room in attempts to advocate on your behalf and get the peace that a bankruptcy discharge is supposed to provide. Contact us today to find out how we can help you return your peace of mind.