Can Creditors Collect after the Discharge
By Cathy Moran, California bankruptcy lawyer on Feb 14, 2007 in Discharge Violations
The bankruptcy discharge makes most debts forever unenforceable against the person filing bankruptcy. The discharge makes permanent the protection that the debtor got at the beginning of the case from the automatic stay.
Some kinds of debts always survive the discharge: recent taxes and spousal or child support are the most frequent examples.
A creditor who tries to collect a debt discharged in a bankruptcy case risks penalties for ignoring a federal court injunction. Unfortunately, in this era when packages of uncollectible debts are bought and sold like baseball cards, most debtors encounter a situation years after the discharge when some new debt collector tries to compel payment on a discharged debt.
Keep a copy of the schedules, which listed debts as of the filing of the case, and the discharge order available to prove that the debt is uncollectable. If the collector persists, your bankruptcy lawyer can help you get peace and perhaps damages from the violator.
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