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
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
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
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
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
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
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
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
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
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