Reopening Your Bankruptcy Case To Sue Creditors For Violating Your Discharge
September 29, 2008
When people file for bankruptcy, they have their sights set on obtaining the discharge that will allow them to get out from under the crushing debt that sent them to bankruptcy court in the first place. Once that weight has been lifted, they look forward to rebuilding their lives and not struggling to financially stay afloat. However, when your old creditors violate the discharge you must reopen your bankruptcy case.
There is a growing trend these days for debt buyers to buy old debts from the original lender for pennies on the dollar. The new owners of the debt then make renewed attempts to collect. Sometimes, these resurfacing debts have been discharged in bankruptcy.
When a person is granted a discharge, he or she is often confused and upset that this old debt has popped up again. When a discharge is granted, the recipient is no longer responsible for any debt covered by the discharge. That means that by attempting to collect, the collection agency is committing a crime.
If the collectors keep hounding you, then you need to reopen the bankruptcy case. Reopening the case allows the courts to enforce the discharge and also lets you seek damages against the creditor or debt collector.
There is no filing fee for a debtor to reopen a bankruptcy case to pursue a creditor or debt collector for violating the discharge injunction.
Reopening a bankruptcy case is the best way to let debt collectors know you won’t be bullied around.
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[...] few days ago I posted about reopening your case to file a lawsuit for violating the discharge order. My friend and Texas colleague Chuck Newton filed the following in response: Enjoyed your last [...]