Don't let creditors steal your fresh start! Reporting or attempting to collect discharged debts is illegal.
Don't let creditors steal your fresh start! Reporting or attempting to collect discharged debts is illegal.
Are debts you discharged in bankruptcy still appearing on your credit report? Are you getting collection calls about discharged debts? NCBLC can help!
The U.S. Bankruptcy Code exists to grant consumers like you a fresh start when you've been overwhelmed by debt. Both Chapter 7 bankruptcy and Chapter 13 bankruptcy provide for many debts to be discharged-wiped away completely-precisely so that you can have that new beginning. Unfortunately, some creditors, collection agencies, and debt purchasing companies want to take that fresh start away from you by reviving debts that have been discharged in bankruptcy, thereby undermining the bankruptcy process.
A group of the country's most well-regarded and experienced consumer bankruptcy attorneys founded the National Consumer Bankruptcy Litigation Center (NCBLC) specifically to enforce and protect your right to the fresh start guaranteed by the U.S. Bankruptcy Code.
The law is simple: when a debt has been discharged, you don't owe it anymore.
When a creditor, collector or debt buyer attempts to collect on a debt that's been discharged in bankruptcy, that creditor is breaking the law. Whether a debt purchasing agency is calling you and demanding payment or the original creditor or collection agent has quietly reported an outstanding balance to the credit bureaus, that action is an illegal attempt to collect, and you have remedies available to you.
If a creditor or collection agent has violated your bankruptcy discharge order by trying to collect any discharged debt, you may be able to reopen your bankruptcy case to seek damages and sanctions against that company. For an experienced bankruptcy litigator, reopening your bankruptcy case to seek court enforcement of the discharge order is a relatively straight forward and inexpensive means of protecting your fresh start. You won't have to pay a new filing fee, and to achieve a recovery in your behalf NCBLC simply must establish that the creditor intended to take some action while disregarding your rights under the discharge order.
Don't let unscrupulous creditors or collection agencies undermine the fresh start you're entitled to. If you've been contacted about a debt that was discharged in bankruptcy, or discharged items are appearing on your credit report, take action now. Fill out our free case evaluation form and an NCBLC representative will contact you to discuss how we may be able to help you protect your fresh start so that you can rebuild your credit and your finances. Find out how you can fight back!
By an Act of Congress and the President of the United States, we are a federal Debt Relief Agency. We help people file for relief under the U.S. Bankruptcy Code.
By Mary Pat Gallagher; originally published in New Jersey Law Journal on June 6, 2008
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