What To Do If a Creditor Tries to Collect a Discharged Debt

For many people, bankruptcy spells relief. Those sleepless nights spent calculating your budget, wondering how to pay the mounting bills with your shrinking pay are gone. Your head feels clear because bankruptcy gave you the chance to forget your old debt and start again.

But, what if an old creditor does not want to forget your old debt? What if they are still trying to collect a debt that you discharged in bankruptcy?

A typical reason for this happening is that the creditor or party in interest simply does not know that you filed bankruptcy. They may even have purchased your debt from the original creditor and not received notice of your bankruptcy. In either case, your first step is to let them know about your bankruptcy. Give the creditor a call or send them a letter.

In most cases, the creditors will drop the action. To do otherwise, is a violation of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). If a phone call or a letter does not work, do not hesitate to contact me for assistance.

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