Creditor Harassment after Bankruptcy

Automatic Stay  Violations

Once your creditors have been notified of your bankruptcy filing, they are generally prohibited from contacting you or engaging in collection efforts for a period of time, unless they obtain court permission. This is called the “automatic stay”. The automatic stay provides the debtor with relief from creditor contact while seeking protection under the bankruptcy code.

This is a strict rule that carries penalties when violated by a creditor.

Surprisingly, there are creditors who will ignore the automatic stay and continue collection efforts in violation of the court’s order.

 

Discharge Violations

Once your bankruptcy has been discharged, a creditor who owns a discharged debt (or anyone who has been assigned the debt) is prohibited from any attempts to collect that debt in the future.

Surprisingly, there are creditors who will:

• Sell the discharged debt to another creditor or collection agency to pursue collection
• Wait several years and re-engage collection efforts
• Report new negative information to the credit bureaus after discharge

If you have experienced any of the above violations please contact us immediately.