While bankruptcy is a measure of last resort, its purpose is clear: to provide an overwhelmed debtor with some much needed relief. This relief comes in the form of the discharge of a wide range of qualifying debt. At the end of the day, this is supposed to translate into a sense of relief and freedom. Sadly, there are times when creditors continue to call after a bankruptcy court discharges a person’s debt.
Why Would a Creditor Continue to Harass Me?
There are several reasons why a creditor might continue to call. The first is an innocent one: they were simply unaware of the discharge or inadvertently left you on their call lists.
The other reasons are more sinister. For example, creditors are not known for being the nicest, most ethical people. If you have sought bankruptcy relief, you are likely familiar with just how mean and relentless creditors can be and may have even experienced unlawful levels of harassment. Your choice to seek discharge through bankruptcy just makes these creditors annoyed.
In addition, there is a financial incentive for creditors to continue to harass debtors after bankruptcy. This is based on the statistical chance that if they bother enough people following bankruptcy, some of those people may agree to pay some money to stop the creditor’s harassment-unaware that they are under no legal obligation to do so.
Creditor Harassment Following Discharge is Unlawful
A discharge order from a bankruptcy court relieves you of any obligation to repay the discharged debts. Further, under Federal Law, a discharge “operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived”. In plain English, this means that a discharge order legally prohibits new or continued collection actions against a debtor.
If a creditor continues to call, you can send a letter demanding them to stop, with a copy of your discharge order attached. If they continue, contact your bankruptcy attorney to take steps to end this unlawful behavior.
Let Us Help You Move Forward
When creditors continue to harass you following your bankruptcy discharge, they are breaking the law. They usually know this, but will continue to do so. This behavior sickens us and we want to put an end to it. There are laws that allow debtors to hold creditors accountable when they violate the discharge injunction. At Levitt & Slafkes, P.C., we understand these laws and want to help you attain the justice you deserve. Call our office today at (973) 323-2953 to schedule a consultation, or reach us online.
We are proudly designated as a debt relief agency by an Act of Congress. We have proudly assisted consumers in filing for Bankruptcy Relief for over 30 years.