My creditor is attempting to collect on a discharged debt. What can I do?

creditor attempting consumer bankruptcy

My creditor is attempting to collect on a discharged debt. What can I do?

If a creditor attempts collection efforts on a discharged debt, you can file an action with the court, reporting the action, and asking that the case be reopened to address the matter. The bankruptcy court will often do so to ensure that the discharge is not violated. The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit. A violation by the creditor is civil contempt, which is often punishable by a fine. The collector, but not the creditor, may violate the Fair Debt Collection Practices Act.

(Reviewed 11.14.08)

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