Your bankruptcy attorney told you, once the bankruptcy court issues your discharge, the creditors have to leave you alone.
And the collection agency, credit card company, finance company or bank is still harassing you anyway! Or the predatory mortgage company added charges, even though you made all your payments on time.
Under the new law, you can re-open your bankruptcy case and sue that creditor to enforce your discharge.
Keep your attorney advised. Keep copies of any correspondence.
Best to be pro-active, regularly get those free copies of your credit report. I send the three main CRAs, or Credit Reporting Agencies, Experian, Equifax and Trans Union, copies of the initial bankruptcy notice, and the discharge.
I do this because many clients discovered discharged debts, when they were trying to re-finance, or buy, a home. Days before the closing is not enough time for me to have a court fix that problem.
It is an insidious cheap way for a creditor to collect from you.
At least with harassing calls or letters, you know what is happening. A creditor can tell a CRA that you still owe the money, without popping for a stamp or paying someone to call. They know it can cost you a deal, or higher interest rate, that you will be backed against the wall, and the only way you will be able to close that deal is to pay them.
Possibly, a creditor calling or sending letters was not listed on your bankruptcy papers and does not know about your filing. Possibly.
All bankruptcy information is available through court computers, and there are private services that gather information and sell it to the collection community.
The debt collectors can “scrub” the accounts to determine if a bankruptcy was filed. Unfortunately, it has not been made expensive enough for many of them to do this effectively, and they have calculated it is cheaper to do it the wrong way.
Buying debt is big business in America. Accounts are bought in bundles of thousands and tens of thousands, for pennies on the dollar.
There are ways to have the bankruptcy court enforce the discharge against these creditors, and have them pay your attorney fees.
Contact an experienced consumer attorney to learn how to use other federal laws, such as the Fair Credit Reporting Act, and Fair Debt Collection Practices Act, to enforce your rights.
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