What to do if a creditor is harassing me after my discharge?

3,344 families filed bankruptcy using Upsolve.

Written by Jonathan Petts, Esq.  
Updated May 16, 2019

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Creditors are not allowed to do this unless the judge told them that they could at some point during your bankruptcy process. Check the "Notice of Discharge" that you received at the end of your bankruptcy process.

  • If the debt is listed, simply send a copy of the notice to the creditor and ask them to leave you alone.

    • If the creditor continues to try to collect, you can file a motion with the court to have the case reopened. The court clerk will be able to help you with this, but it may be a good idea to hire an attorney as well. The creditor can be fined if the court finds that the creditor violated the discharge injunction.

  • If the debt is not listed, either the judge allowed the creditor to do this, or someone made a mistake in your bankruptcy process.

    • Speak with the bankruptcy court and ask them to help you figure out what happened. 

    • If the judge allowed the debt to survive your bankruptcy, you will need to pay the creditor.

    • If this is the result of a mistake, the court clerk can help you fix it.

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Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can’t access their basic rights when they can’t afford to pay for help. Combining direct services and advocacy, we’re fighting this injustice.

To learn more, read why we started Upsolve in 2016, our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal.


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