What To Do About Debt Collection After a Bankruptcy Discharge

If a debt collector contacts you about a debt you've discharged, stay calm. You have strong protections. 

🗣️ Tell the debt collector clearly that you've filed bankruptcy and that your debt was discharged, and give them your bankruptcy case number and discharge date.

Sometimes one call is just an honest mistake. But if the debt collector keeps contacting you after you've informed them about your bankruptcy discharge, they’re breaking the law. Many people in this situation choose to talk to a bankruptcy lawyer about suing the debt collector to stop harassment and potentially receive money damages.

It's also a smart idea to check your credit report to make sure your discharged debts show a zero balance and the correct bankruptcy notation. Mistakes on your credit report could mean the creditor is improperly reporting your discharged debt. You can dispute these errors to protect your fresh start.

What To Do if a Collector Calls After Bankruptcy

If you filed bankruptcy on your own without an attorney, here’s what to do if a debt collector calls after your bankruptcy discharge. (If you do have an attorney, let them know, and they’ll handle it.)

Step 1: Make Sure the Debt Collector Is Legitimate

Before you give out any information, identify the creditor or debt collector and make sure it’s not a scam call. 

📝 Get the name of the person you’re talking to as well as the company name, address, and phone number. Ask for the account number and the alleged amount owed. Record the date and time of the call. 

Step 2: Tell the Debt Collector About Your Bankruptcy Discharge

If the debt collector seems legitimate, simply tell them that you have an order of discharge from the bankruptcy court. 

Then, give them the discharge date and bankruptcy case number. As a courtesy, you can offer to send a copy of your discharge order, but you aren’t required to do this. Giving them your case number is enough.

Then, demand that they stop all collection efforts immediately and remove your name from their contact list. 

You don’t need to stay on the phone or explain anything further. Keep the conversation short and to the point.

Step 3: If the Debt Collector Won’t Stop, You May Have Legal Options

If a debt collector keeps contacting you after you've told them about your bankruptcy discharge, they may be breaking the law. You have the right to take action, and many people in this situation choose to go back to bankruptcy court to stop the harassment.

The court can order the debt collector to pay for the harm they've caused. This could include:

 ✔️ Money to cover attorney’s fees

 ✔️ Compensation for stress or inconvenience (called damages)

 ✔️ Fines or penalties for violating the discharge order

Many people work with a bankruptcy attorney to handle this, since it can get a little complicated. The good news is that if the court finds the collector broke the rules, they can make the collector pay your legal fees. 

Also, many attorneys offer free consultations, so you can explore your options without any up-front cost.

Tip: Don’t Forget To Check Your Credit Report!

After your bankruptcy is discharged, it’s a good idea to check your credit reports to make sure everything is being reported correctly. Even though creditors are supposed to update your accounts with accurate information, mistakes can still happen. This is especially true if your debt was sold to a collection agency.

Each debt that was discharged should show a $0 balance and be clearly marked as discharged in bankruptcy. If you signed a reaffirmation agreement (which means you agreed to keep paying a certain debt), that should also be noted.

Here’s what to look for when reviewing your credit reports after a discharge:

• Discharged debts showing a balance other than $0

• A secured debt (like a car loan) showing the wrong balance

• Missing or incorrect reaffirmation details

• No mention that a debt was discharged in bankruptcy

• A “charge-off” status instead of “discharged in bankruptcy”

• Hard inquiries from debt collectors that shouldn’t be pulling your credit

You can get a free copy of your credit reports from all three credit bureaus at AnnualCreditReport.com. If you find mistakes, you can file a dispute with the credit bureau to get them corrected.

Why Am I Being Contacted About a Discharged Debt?

When you get a bankruptcy discharge, the court sends a copy of the discharge order to every creditor you listed in your case. This order tells them the debt is no longer collectible. But sometimes, things fall through the cracks.

In some cases, a debt collector might not know about the discharge. In other cases, they do know but hope you don’t push back. Either way, trying to collect on a discharged debt is illegal.

That’s why it’s important to keep your bankruptcy paperwork handy and speak up if you get a collection call. Once you tell a debt collector that the debt was discharged, they’re required to stop. If they don’t, you may be able to take legal action.

What Debt Collectors Can and Can’t Do After Bankruptcy

After a bankruptcy discharge, debt collectors are legally required to leave you alone when it comes to any debt that was wiped out in your case. That means no more phone calls, letters, emails, or lawsuits to try to collect. If a debt was discharged, it’s gone — and they can’t come after you for it.

But not all debt collection is off-limits. There are two main reasons a collector might still legally contact you after bankruptcy:

1. The debt wasn’t discharged: Some types of debt — like recent taxes, child support, or certain court fines — don’t go away in bankruptcy. These are called non-dischargeable debts. Collectors can still contact you about those.

2. The debt was created after you filed your case: If you took on a new debt after your bankruptcy filing date, that debt wasn’t included in your case. This is called post-petition debt. Collectors are still allowed to pursue those.

If you’re not sure whether a debt should have been discharged, take a look at your bankruptcy paperwork. 

Is All Debt Collection Activity Prohibited After a Bankruptcy Discharge? 

Most, but not all, debt collection activity is illegal following a successful bankruptcy discharge.

Debt collectors aren’t allowed to call you, send you letters, contact you on social media, or talk to you in person about any debt that was discharged in bankruptcy. This includes medical bills, credit card debt, personal loans, or any other debts that were discharged. (Learn more in the section What Debt Is Dischargeable Debt in Bankruptcy? below.)

No one can sue you, garnish your wages, or garnish your bank account for a debt that was discharged in bankruptcy. The debt is gone! 

Which Debts Get Wiped Out in Bankruptcy and Which Don’t?

Bankruptcy can erase many kinds of unsecured debt. These are debts that aren’t tied to any property (like a house or a car). But some types of debt stick around even after a discharge.

Here’s a quick breakdown:

✅ Debts that can usually be discharged:

• Credit cards

• Medical bills

• Payday loans or personal loans

• Old utility or phone bills

• Past-due rent (from a lease you no longer live in)

• Car loan or mortgage balances if you gave up the property

🚫 Debts that are usually not discharged:

• Child support or alimony

• Most student loans (unless you take extra legal steps and prove hardship)

• Court fines and restitution

• Recent income tax debt

• Debts from a DUI accident

• Secured debts like car loans or mortgages if you want to keep the property

If you reaffirmed a debt during bankruptcy, that debt won’t be discharged either. Reaffirming a debt means you agreed in writing with the lender to keep paying it.

How Do I Get a Bankruptcy Discharge?

To get a discharge through bankruptcy, you must have a bankruptcy case. To file bankruptcy, you have to meet certain requirements and file a bankruptcy petition. 

Consumers usually file either Chapter 7 or Chapter 13 bankruptcy. You’ll want to look at your income, debts, and what assets or property you own to decide which is best for you. Upsolve has a free filing tool to help you file a Chapter 7 bankruptcy without an attorney.

In addition to filing a petition for bankruptcy, you’ll have to fill out several bankruptcy forms, pay a filing fee, take two required courses, and meet with a bankruptcy trustee before the discharge can be entered. 

Once you do all this and complete any required repayments, the bankruptcy trustee and judge give a seal of approval. Then your discharge will be granted!

What Is a Bankruptcy Discharge Order? 

An order of discharge in bankruptcy officially ends your personal liability on certain debt. It also orders a permanent stop to collection actions. 

In a Chapter 7 bankruptcy, the order is usually granted 60–90 days after the meeting of creditors. In a Chapter 13 bankruptcy filing, the order of discharge is granted after you complete monthly payments on your three- or five-year repayment plan.

What’s the Difference Between the Discharge Order and the Automatic Stay?

When you first file a Chapter 7 or Chapter 13 bankruptcy, an automatic stay goes into place. The automatic stay immediately puts a stop to debt collection activity, including foreclosure, repossession, eviction, and wage garnishment. 

The automatic stay remains in place during the bankruptcy process unless a creditor objects to the stay and the court agrees to lift it. This is rare. When the order of discharge arrives, the automatic stay ends, but at that point, you won’t need it anymore.