A creditor trying to collect after bankruptcy, what can I do? 19 Answers as of July 11, 2013

I filed for bankruptcy and was notified that I was placed on the listed on the Bankruptcy Matrix yet I receive nasty letters. Can I file a legal action?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Technically yes under the FDCPA. However, practically you might just want to tell them the debt was discharged to stop the harassment and move on
Answer Applies to: Washington
Replied: 7/14/2011
Rosenberg & Press
Rosenberg & Press | Max L. Rosenberg
Creditors MUST cease collections the moment you file bankruptcy. Anything else is a violation of the Bankruptcy Orders and is punishable by various fines. Under FDCPA you would be entitled to up to 1000.00 dollars as well as your attorney fees for pursuing the violations.Depending on the state you are in different Creditor Laws apply regarding the amount of penalties imposed upon them. If they are a third party debt collector the Fair Debt Collection Practice Act applies anywhere. It is a federal law which regulates collections of debt. You should seek out a consumer attorney and pursue the vexatious letters that continue to trouble you despite have scheduled them in your chapter 7.
Answer Applies to: Connecticut
Replied: 7/6/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Potentially you can. What I would advise is to contact the creditor directly and provide them with your BK info and that should take care of it.
Answer Applies to: California
Replied: 7/6/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, if your lawyer won't go after them,find one that will.
Answer Applies to: California
Replied: 7/4/2013
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
You definitely can file a suit against them if they were discharged.
Answer Applies to: California
Replied: 7/4/2013
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    Collection of debts that have been discharged is a violation of the discharge injunction and an action can be brought for injunctive relief stopping collection effort.
    Answer Applies to: Georgia
    Replied: 7/4/2013
    Breckenridge and Walton
    Breckenridge and Walton | Alan D. Walton
    Have your bankruptcy attorney file a motion to find the creditor in contempt.
    Answer Applies to: Michigan
    Replied: 7/5/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Yes. If you have a lawyer, give it to him/her. If not, either get one (always my first choice) or see the court's website for forms and file youself. Be prepared to show letters and to document calls.
    Answer Applies to: Virginia
    Replied: 7/5/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    It is illegal to pursue collection of a discharged debt.
    Answer Applies to: California
    Replied: 7/5/2011
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    If a creditor had knowledge of the bankruptcy, the debt was not reaffirmed, you received a discharge and the creditors is now trying to collect after the bankruptcy, you should notify your attorney. Your attorney can bring an action in bankruptcy court to have the creditor held in contempt of court for violating the discharge order. The judge can fine the creditor, in an extreme case have them jailed, and award you damages and attorney fees for having to bring the action. You want to be certain that the creditor had notice of the bankruptcy, and that their debt was one that was discharged. Not all debts are discharged in bankruptcy, notably student loans, recent taxes and child support.
    Answer Applies to: Texas
    Replied: 7/5/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    You need an attorney. I would sue them for contempt and seek sanctions.
    Answer Applies to: Arizona
    Replied: 7/5/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    It is a contempt of the bankruptcy court for a creditor who received notice of the bankruptcy to continue to attempt to collect an unsecured debt. Certain debts, such as taxes, debts which are secured by real or personal property, obligations for child and spousal support don't go away just because of a bankruptcy. So, if the debt was unsecured, you should file a motion in the bankruptcy court to have the creditor held in contempt, which will probably result in a fine being imposed on the creditor. But you need to consult a bankruptcy attorney with more detail to be sure what to do.
    Answer Applies to: California
    Replied: 7/5/2011
    Law Offices of Sheryl S. Graf
    Law Offices of Sheryl S. Graf | Sheryl S. Graf
    Once the Bankruptcy Petition is filed, the automatic stay generally prohibits any collection activity. Penalties for violating the automatic stay can be severe. Bankruptcy courts have the power to order a creditor who "wilfully" violates the stay to pay attorneys fees, costs, and punitive damages under 11 U.S.C. 362(h). Because of this, institutional creditors immediately stop collection activity after receiving notice of a bankruptcy filing. If some of your debts were assigned to a collection agency, did you notify both the collection agency and the original creditor? You may want to contact, preferably in writing, any creditor who possibly is not aware of your bankruptcy filing. You should provide your bankruptcy case number, the date filed, and the district your case was filed in. If you continue to receive collection letters, then you should contact an attorney to stop this and to protect your rights. I recommend that you contact a knowledgeable attorney for specific advice. The information presented here is general in nature and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.
    Answer Applies to: California
    Replied: 7/5/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Yes, if this credit contacted you after filing bankruptcy, you can file an adversary proceeding against this particular creditor and collect damages.
    Answer Applies to: Washington
    Replied: 7/5/2011
    The Law Offices James Burns
    The Law Offices James Burns | James Burns
    Yes, you can file an action under the "Fair Debt Collection Practices Act" and the "Fair Credit Reporting Act." Because the collection agency is attempted to collect an invalid debt and likely reporting incorrect information to the credit bureaus, you may be entitled to damages and possibly even attorney's fees.
    Answer Applies to: New Mexico
    Replied: 7/5/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Only your attorney can answer that. Some debts are non-dischargeable. If you are being contacted about a dischargeable debt, a lawyer will know how to address a warning letter and what to file if the letter is ignored.
    Answer Applies to: Georgia
    Replied: 7/5/2011
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    You could. Or you could send written notification to the creditor to stop contacting you. I'd choose the latter. For further information, its best to consult with an experienced attorney. Any good attorney will give you a free initial consultation.
    Answer Applies to: California
    Replied: 7/5/2011
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