Violation of the Bankruptcy Discharge Injunction may have you seeing Green! Part V
By Carmen Dellutri, Attorney at Law on May 21, 2007 in Bankruptcy Practice and Procedure, Florida, General Bankruptcy Information
Are you a professional debtor? Good Question. Very recently, an e-mail was circulated throughout a very large creditor attorney list-serve which stated exactly what I referred to in Part IV of this article. (How I got my hands on the e-mail shall remain a secret) The gist of the e-mail was that too many debtors are being educated by their attorneys and that this education is hurting the debt collection industry. The e-mail referred to “professional debtors” and “their attorneys”.
How can an educated population of debtors hurt the debt collectors? Simple. If a person knows their legal rights and has reviewed the Federal and State consumer protection laws, then he or she knows what the debt collectors can and cannot do. When a debt collector violates a debtor’s legal rights and especially the discharge injunction, by attempting to collect a debt that was discharged in the debtor’s bankruptcy, the debtor knows when the violation happened, how the violation happened and how to handle the violation.
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