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
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.
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).