Can a creditor collect a debt after bankruptcy? 27 Answers as of June 17, 2011

If I file for bankruptcy, are my debts with my creditors cleared forever? Would they ever be able to go after me for the same debts in the future?

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Once a debt has been discharged in bankruptcy, the creditor is forever barred from trying to collect said debt.
Answer Applies to: California
Replied: 6/17/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
No. If they try, (and they do, I had a client who was dunned 13 years after her bankruptcy), see a lawyer. You can go after them in the bankruptcy court.
Answer Applies to: California
Replied: 6/17/2011
Ursula G. Barrios Law
Ursula G. Barrios Law | Guillermo Machado
Only if the debt is nondischargeable.
Answer Applies to: California
Replied: 6/16/2011
Law Offices of Joseph A. Mannis
Law Offices of Joseph A. Mannis | Todd Mannis
No, the debts are discharged (assuming you get your discharge which you should). They can't collect on discharged debts.
Answer Applies to: California
Replied: 6/16/2011
Shmucher Law, PL
Shmucher Law, PL | Ofer Shmucher
The filing of the bankruptcy creates the Automatic Stay which prevents any creditor from calling you or attempting to collect on any debts that you may owe. Furthermore once a debt has been discharged in a bankruptcy a creditor will not be allowed to collect the same debt from you. However creditors will be able to attempt to collect from you any debt that you incurred AFTER you have filed for bankruptcy.
Answer Applies to: Florida
Replied: 6/16/2011
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    Upon a successful completion of the bankruptcy a discharge will enter, completely removing all of your debts prior to the filing of the bankruptcy (other than student loans, reaffirmed debts, secured debts, and taxes that were assessed less than three years earlier). If a creditor continues to attempt collection of a debt that has been discharged they are in violation of Federal law and will incur penalties. Thank you for tuning in!
    Answer Applies to: Connecticut
    Replied: 6/16/2011
    Benson Law Firm
    Benson Law Firm | David Benson
    Only debts that are nondischargeable in bankruptcy (e.g., most student loans) and debts that are reaffirmed prior to discharge (which we do not recommend) will be collectible after you receive a discharge. Be aware, though, that generally liens are not extinguished in bankruptcy without a motion to avoid the lien.
    Answer Applies to: Ohio
    Replied: 6/16/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    A debt that is discharged through bankruptcy is no longer collectible at any time.
    Answer Applies to: California
    Replied: 6/16/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    No, a creditor can't collect unsecured debts after bankruptcy. Bankruptcy is a complete protection against discharged debt. If anyone attempts to make collections, or if they don't report the debt correctly on your credit report, consult a consumer attorney and sue them.
    Answer Applies to: Virginia
    Replied: 6/16/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    If you receive a discharge, you will no longer be personally responsible for the debt.
    Answer Applies to: Washington
    Replied: 6/16/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    After you receive a discharge of your debts this constitutes a permanent injunction forbidding future collection of the debt.
    Answer Applies to: California
    Replied: 6/16/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    If a debt is discharged successfully in bankruptcy, then that's it! The affected creditor cannot haunt you further.
    Answer Applies to: California
    Replied: 6/16/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    A discharge in a bankruptcy case is a permanent injunction and forever eliminates your legal obligation to pay the debt. So, no, a creditor cannot collect a debt after bankruptcy, so long as they were listed and you received a discharge. If they do, they are in violation of the discharge injunction and you can sue for damages. First, send them a letter and your discharge notice. Then, if they continue after that, call your attorney.
    Answer Applies to: California
    Replied: 6/16/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    As long as the debt was discharged in the bankruptcy, your creditor would never be able to come after you for the debt.
    Answer Applies to: Arizona
    Replied: 6/16/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    The general rule is that if you discharged a debt in a bankruptcy, the debt is gone forever and a creditor cannot try and collect the debt.
    Answer Applies to: California
    Replied: 6/16/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    If a debt is discharged in Bankruptcy, then the creditor may not attempt to collect the debt in the future.
    Answer Applies to: New Hampshire
    Replied: 6/16/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    The short answer is no. Once your debts are discharged it is illegal for a creditor to try and collect it. However, you need to be careful with lien issues. Such as recorded liens against your home etc.
    Answer Applies to: California
    Replied: 6/15/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    No. If the debt is discharged, the creditor is forever barred from collecting.
    Answer Applies to: California
    Replied: 6/15/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    It may depend on the type of debt and the type of bankruptcy. In a chapter 7, most unsecured debts are discharged, meaning the creditors can never try to collect on them in the future. One exception is student loans, which are not dischargeable unless you can demonstrate undue hardship. Secured debts, such as car loans, can be either reaffirmed, meaning you agree to keep paying to keep the car, or discharged with you surrendering the secured property. It's essentially the same in a chapter 13, but you only obtain the discharge after paying something toward your debts for 3 or 5 years.
    Answer Applies to: Pennsylvania
    Replied: 6/15/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    If you receive a discharge of the debt, the creditor cannot try to collect on it. If they could, there would be no point to filing a bankruptcy.
    Answer Applies to: California
    Replied: 6/15/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    When you file for bankruptcy creditors cannot make contact with you unless the debt is a priority debt and survives the bankruptcy. Examples of priority debts include taxes or debts owed to government agencies, debts from criminal activity or child support.
    Answer Applies to: Washington
    Replied: 6/15/2011
    Daniel Hoarfrost, Attorney at Law
    Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
    Unless a creditor objects to the debt's discharge and receives a ruling from the court that the debt is non-dischargeable, the debt is discharged, which means that they can never collect on it again.
    Answer Applies to: Oregon
    Replied: 6/15/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    If you are granted a discharge in bankruptcy, that court order is a permanent bar on collection activities regarding the discharged debt. Certain debts, most notably student loan, certain taxes, restitution to victims of drunk drivers, and intentional tort liability will generally remain, but those debts that are discharged are gone forever. You should consult with an attorney to go over your individual situation.
    Answer Applies to: Oregon
    Replied: 6/15/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    If a creditor is subject to a bankruptcy discharge, that creditor can never contact you regarding the discharged debt.
    Answer Applies to: Indiana
    Replied: 6/15/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    No all debts are dischargeable in bankruptcy (such as spousal support, child support, recent taxes and student loans generally). However, the dischargeable debts, such as credit card debts and personal loans, are discharged forever.
    Answer Applies to: California
    Replied: 6/15/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Not if the creditor is named and provided notice of the bankruptcy.
    Answer Applies to: California
    Replied: 6/15/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    That depends on the debt. A discharge will permanently bar collection of all debts covered by it, but some liens and debts can survive the case.
    Answer Applies to: Georgia
    Replied: 6/15/2011
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