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Can Debt Collection Actions Continue After Bankruptcy?

Most people understand that bankruptcy clears out the majority of a person’s debts. With limited exceptions, debts that are discharged in bankruptcy can never be collected again. But what if debt collection actions do continue after bankruptcy?

Non-Discharged Debts

Some debt collection communications for non-dischargeable debts will begin again as soon as a bankruptcy case ends. Debts can be nondischargeable for several reasons. First, the debt may not have been included as part of the bankruptcy case. Debts that are not listed cannot be discharged. Second, the debt might have been legally nondischargeable. For instance, child support debt and most types of student loans cannot be discharged in a bankruptcy case by law. Collection efforts for these debts will begin again as soon as the bankruptcy case ends.

Discharged Debts

Once a debtor has received a discharge, that debt can never be prosecuted again (except in cases where the debtor’s discharged is revoked). While the debtor always has the option to repay the money voluntarily, like when the money is owed to a family member or friend, there is no legal obligation to repay the money.

After a discharge, creditors are prohibited from attempting to collect it. If they do, the debtor can notify the bankruptcy court, which will then re-open the bankruptcy case and investigate the matter. If the bankruptcy court believes that the creditor violated the law by attempting to collect the debt, the creditor can face stiff fines and heavy penalties.

For that reason, it is important to make sure that every dischargeable debt that you have is listed in your bankruptcy petition. Additionally, if you are contacted by a creditor whose debt was discharged, you should tell your attorney as soon as possible. You may be entitled to compensation if the creditor continues harassing you.

At Loan Lawyers, our attorneys can help you fight back against debt collector harassment. Our attorneys can review your financial state and come up with plans to address your debt. This could include a mortgage loan modification, bankruptcy, or settling outstanding debts. To learn more about how we can help, contact our office today by calling (888) FIGHT-13 (344-4813).

  • ABC News
  • American Civil Liberties Union
  • CBS 4
  • CNN
  • Daily Business Review
  • Florida Trend's - Florida Legal Elite 2014
  • Florida Trend's - Florida Legal Elite 2014
  • National Association of Consumer Advocates
  • National Association of Consumer Bankruptcy Attorneys
  • NBC News
  • National Consumer Law Center
  • The New York Times
  • Avvo
  • Avvo
  • Avvo
  • Avvo
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