Don't let creditors steal your fresh start! Reporting or attempting to collect discharged debts is illegal.
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NCBLC - National Consumer Bankruptcy Litigation Center
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O. Max Gardner III
Business North
Carolina has named O. Max Gardner III one of the top bankruptcy lawyers in North Carolina for three consecutive years. He was also selected by Law & Politics and Charlotte Magazine as one of North Carolina's "Super Bankruptcy Lawyers" in 2006, and will be so named again in 2007.
Bankruptcy Discharge Violations
When a debt is discharged in bankruptcy, you no longer owe that debt. The concept is simple, but your creditors may try to confuse the issue. Creditors may violate the terms of your bankruptcy discharge in a variety of ways. The most obvious is when a creditor attempts to collect a debt that was discharged in bankruptcy.
However, many creditors employ more subtle tactics, hoping to confuse you into believing that you're required to pay the debt, or to bully you into settling the debt in order to clean up your credit.
Some creditors sell debts that have already been discharged in bankruptcy, and the "new" creditor then pursues payment. These "new" creditors will often tell you that the discharge doesn't apply to them because they weren't listed in the bankruptcy, and that you still owe the money. They're lying and hoping that you won't know any better and will pay them even though you no longer owe the debt.
The companies that purchase these discharged debts are generally not innocent buyers. They are companies that make their profits in whole or part by pursuing debts they know to be invalid.
Sometimes, these companies don't even contact you for payment. They simply report the debt to one or more of the three major credit bureaus and wait for you to apply for credit and discover that there's a black mark on your credit report. In essence, they're taking away the fresh start that bankruptcy was intended to provide, lowering your credit score and reducing your eligibility for future credit. This is no accident. These companies know that many people will make payment just to get these items resolved quickly.
Don't let discharge violations interfere with the fresh start the bankruptcy law intended for you. If you're contacted about a debt that was discharged in bankruptcy, or if discharged debts reappear on your credit report, you have recourse! The bankruptcy code provides for sanctions against those creditors. Don't be misled into settling debts you no longer owe.
If a creditor or collection agency has contacted you regarding a debt that was discharged in bankruptcy, help is available, or if discharged debts are appearing on your credit report, fill out our free case evaluation form now and an NCBLC representative will contact you to explain how we may be able to help you attain the fresh start your bankruptcy was intended to provide.
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