Searched this forum for information but got hundreds of hits. Does anyone know specific individual rights after filing for bankruptcy and having debts discharged. A relative is still being called at work and receives collection notices from Genesis Financial Solutions for a debt discharged last April. I searched the FDCPA but did not find any specific language. I am currently helping him verify that this CA is authorized to collect in Texas. Thanks for info or a specific search phrase to narrow the search.
Collection after Bankruptcy discharge is a big fat violation of Bankruptcy law. I would recommend they contact their bankruptcy lawyer, otherwise you might put the trustee on to the activities of the debt collector. The only exception to this is if the debt was not included in the bankruptcy and was not discharged. If this is the case then they can continue to try to collect, although they shouldn't be calling at work if they have been told not to. Your relative may also be able to receive monetary damages. Their best bet would be to call their lawyer.
Have they tried just calling their bk attorney? (if a copy of their discharge hasn't done the trick). A quick fax, phone call or letter could MAKE them cease immediately if the debt was truly discharged. More than likely they listed the original creditor when they filed, they just need to let their attorney or court know they're getting harrassed over this debt. Usually, once they have warning that they're breaking the law, they stop. Here's more reading info that pertains to bk discharge rules: http://www.lawdog.com/bkrcy/bkcp7h.htm Most bk sites discuss what to do if a creditor keeps trying to collect. Those would be a good place to research. Newstdt
You would need to let the bankruptcy trustee know about the attempts at collection, I believe that case law (not sure) dictates that even if you did not include it in the bankruptcy it still cannot be collected on unless you signed a reaffirmation aggreement and the trustee signed off on it as well. it is effectively included in the discharge. I'm not sure if you can file a civil suit for violations of title 11.
First, send the creditor a copy of the BK papers and discharge. If that doesn't stop them, get the atty who filed the BK involved, after all, this is part of what you paid for. He is responsible for seeing that the creditors leave the debtor alone. USC Title 11 Chapter 5 section 524 describes what is the result of discharge.
Hey, thanks for the responses and lawdog link (I have added it to my Favorites). I advised my cousin to ask his attorney to correspond with the CA.
The following letter worked for me: DATE RE: Account # ........ VIA CERTIFIED MAIL, RETURN RECEIPT Dear Mr. So-and-So: This will serve as your legal notice under federal law, The Fair Debt Collection Practices Act, and The U.S. Bankruptcy Statute to cease all communication with me and any attempt to collect the alleged debt in reference to the above account. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission and the U.S. Bankruptcy Court responsible for enforcement, the state Attorney Generalâ??s Office, as well as the American Collectorâ??s Association, which monitors for noncompliance. Should any adverse items or inquiries be placed on my credit report as a result of your attempt to illegally collect and/or communicate with me, I will notify the corresponding federal judge and court of your violation of statutory law, which as you well know is punishable by a $10,000 fine per incident. I will also be forced to seek legal action against you and your client. Sincerely,
