Bankruptcy law is clear: once your debts are discharged in bankruptcy, no one can legally collect the money from you. However, some unscrupulous creditors will still demand that you pay debts that have been discharged in bankruptcy. There is no reason to put up with this type behavior.
This article from the New York Times shows just what can happen. Bank of America, one of the largest banks in the world, harassed a debtor even after a bankruptcy judge ordered the bank to stop contacting the borrower. It took a contempt order from the judge and $10,000 in fines per month to get the bank’s attention.
Unlike a lot of other bankruptcy law firms, I will aggressively pursue creditors who violate bankruptcy laws. I always tell my clients that they should contact my office immediately if a creditor contacts them during their bankruptcy case. Even after their bankruptcy case is over, I encourage my clients to get in touch if someone demands payment from a discharged debt.
In some cases, I can go to court and ask for civil damages from a creditor that violates bankruptcy laws. I see this is an effective way to get the attention of creditors. And maybe even get you some damages from your creditors! We are all required to comply with the law, even large banks and credit card companies. There is no reason to put up with harassment after your bankruptcy is over!
Here is what you do if you are contacted by creditors or bill collectors after your bankruptcy case is over:
1. Make sure you find out who is contacting you. Ask for their name, who they represent, and their address / phone number.
2. Contact your Bankruptcy Attorney.
3. If the creditor continues to contact you, keep a good log of each contact. The more they call you, the more that they are in trouble.
If you are being harassed by creditors after your bankruptcy case is over, contact Sacramento Bankruptcy Attorney Rick Morin. I can be reached at (916) 333-2222.