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Creditors Calling after Your Bankruptcy Discharge

When you file for bankruptcy, the court assigns a bankruptcy trustee to handle creditors on your behalf. A bankruptcy discharge relieves you of the responsibility for paying the debts included in the bankruptcy filing. This means that you’re no longer responsible for the debt after receiving a discharge.

However, you might be surprised when creditors and debt collectors keep calling, sending bills, and even threatening you after a bankruptcy discharge. Many debt collectors and creditors choose to disregard bankruptcy law and continue to communicate with debtors after a bankruptcy discharge.

Why Creditors Keep Calling

There are several reasons why creditors and debt collectors may keep contacting you even after a bankruptcy discharge:

  • Many debt collectors and creditors may not be aware that you have filed for bankruptcy.
  • Some creditors may be aware that you have filed for bankruptcy but may not understand what a debt discharge means.

However, a lack of knowledge on the creditor’s side is not always the case. Some creditors are simply stubborn and will keep attempting to recover discharged debts. You may also fall prey to debt buyers. Debt buyers go against the law by purchasing discharged debts and then contacting the debtors to pay. If some of the debtors give in to pressure and pay, the debt buyers make a profit. The good news is that with the help of an experienced bankruptcy attorney, you don’t have to pay anything as long your debt is discharged.

Violation of Federal Law

Any creditor or debt collector who insists on calling you or collecting a discharged debt would be violating federal laws. Federal laws do not allow any parties to take action against you after you discharge a debt.

According to the Fair Credit Reporting Act and the Fair Debt Collection Practices Act creditors and debt collectors are prohibited from:

  • Threatening and deceiving borrowers to make them pay debts.
  • Calling a borrower repeatedly, especially during odd hours of the day or night.
  • Calling the borrower at his or her workplace if the borrower has requested not to be called there.
  • Call third parties regarding your debts. Third parties include parties like family members, friends, and employers. Creditors may call them to try and locate you. Disclosing the details of your loan to third parties is a violation of the law.
  • Publishing a borrowers’ name concerning their debt.
  • Threatening to arrest a borrower or to influence the borrower’s child custody rights.
  • Threatening to terminate the borrower’s public assistance, government benefits, and social security benefits if the borrower does not pay the loan.
  • Insulting or using obscene language against the borrower for failing to pay the debt.

Actions You Should Take to Stop Creditors from Calling

You should talk to a bankruptcy attorney if creditors or debt collectors continue calling or making efforts to collect a debt after you’ve filed for bankruptcy. You should take legal actions if creditors send demand letters or file a lawsuit against you for non-payment of discharged debts. As long as a debt existed before you filed for bankruptcy, creditors and debt collectors have no right to contact you after filing for bankruptcy.

When you take legal action against them, you may be entitled to compensation from the creditors for violating the bankruptcy code.

Steps you should take when creditors don’t stop calling you

If creditors keep contacting you after filing for bankruptcy, you should:

  1. Inform the creditor that you’ve already filed for bankruptcy. Most creditors will stop contacting you immediately you tell them that you’ve filed for bankruptcy. However, some creditors might persist.
  2. For every harassing call you receive, ensure that you take notesEnsure that you keep track of all the creditors who keep contacting you after a bankruptcy discharge. You should also note down all the threats issued during your conversations with them.
  3. Have a competent bankruptcy attorney by your sideOnce you’ve gathered enough evidence regarding the harassment by creditors and debt collectors, contact an experienced bankruptcy attorney. Your attorney will take the case to court. With your attorney’s help, you can sue the creditors for the emotional distress and harassment they’ve caused you. This often results in the creditor or debt collector paying you.

You should never hesitate to contact a bankruptcy attorney if creditors or debt collectors are harassing you after filing for bankruptcy. At Shrader Law, PLLC, we are always ready to defend debtors who face unlawful harassment by creditors. No one deserves to be harassed by creditors after filing for bankruptcy.

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