What can I do if one creditor refused to stop calling me even after being told I had filed bankruptcy? 12 Answers as of August 19, 2016

My bankruptcy was discharged in January 2014. It is now over two years later and I have received a bill again. Per my credit report, it shows chapter 7 bankruptcy in the remarks as well as status open. I guess this means they are trying to get the moneys. What can I do?

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Ronald K. Nims LLC | Ronald K. Nims
All creditors and collections agencies are aware of the bankruptcy laws. Anyone that continues to contact after filing bankruptcy is probably a scam anyway. If they are an actual creditor, you can get the bankruptcy court to issue a restraining order and pay damages but usually these con artists have no address and won't give you a real company name.
Answer Applies to: Ohio
Replied: 8/19/2016
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Write to the creditor, with a copy to the Colorado State Attorney General's office (they regulate all professional creditors in Colorado). Tell them you have file BK, and they were included. Include a copy of the Creditors' Meeting Notice, the list of creditors, and the final Order of Discharge. Tell them to cease all collection efforts. There are attorneys who sue these people for their illegal collection efforts, if the need arises.
Answer Applies to: Colorado
Replied: 8/18/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
See a lawyer ASAP. You can go after them in federal court in certain states. In others you have to after them in the bankruptcy court. It is critical that to log all calls by date and time and number.
Answer Applies to: California
Replied: 8/17/2016
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Mail them a copy of the Discharge Order and the mailing list that shows they were included. If that doesn't work talk to your bankruptcy attorney or go see a local knowledgeable bankruptcy attorney to advise you.
Answer Applies to: California
Replied: 8/17/2016
Robert Louque | Robert Louque
If the creditor was listed in the bankruptcy and they were discharged, they are in violation of the discharge injunction and you can reopen your bankruptcy case to sue them to enforce the discharge and get paid for any damages you may have incurred.
Answer Applies to: Louisiana
Replied: 8/17/2016
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    You can file suit if they attempt to collect from you, if you gave them notice.
    Answer Applies to: Florida
    Replied: 8/17/2016
    Stephens Gourley & Bywater | David A. Stephens
    You can file a motion to hold them in contempt of the bankruptcy court.
    Answer Applies to: Nevada
    Replied: 8/17/2016
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    They are not allowed to call you and if they do not stop you should tell your attorney that so he can take action against them.
    Answer Applies to: New York
    Replied: 8/17/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    the creditor is violating federal law specifically 11 USC sec. 524, the Discharge. That is a contempt of court. You would be well-advised to find an experienced bankruptcy lawyer and have him or her threaten this creditor with contempt unless he stops all collection efforts. And if there is a single further violation of the discharge, your lawyer should bring a motion for contempt.
    Answer Applies to: Wisconsin
    Replied: 8/17/2016
    Havkin & Shrago | Stella Havkin
    You need to file a motion for contempt. The court will pay your attorney's fees and possible damages.
    Answer Applies to: California
    Replied: 8/17/2016
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Send them a copy of your discharge. If they then continue to contact you, they are in violation of the FDCA and can be sued.
    Answer Applies to: California
    Replied: 8/17/2016
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Have you put any of your communication to this creditor in WRITING. Your legal rights generally require to show written communication first. You may have the right to bring suit in bankruptcy court for a violation of your discharge, but you have to give the creditor a chance to correct their ways first to be awarded damages. Otherwise, it looks like you are playing a high stakes game of GOTCHA!
    Answer Applies to: Nevada
    Replied: 8/17/2016
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