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

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In a Nutshell

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.

Written by Attorney Jonathan Petts.  
Updated July 22, 2020


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.



Written By:

Attorney Jonathan Petts

LinkedIn

Jonathan Petts has over 10 years of experience in bankruptcy and is co-founder and Board Chair of Upsolve. Attorney Petts has an LLM in Bankruptcy from St. John's University, clerked for two federal bankruptcy judges, and worked at two top New York City law firms specializing in... read more about Attorney Jonathan Petts

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