Debts Discharged In Bankruptcy

Are Collectors Still Calling You After You Filed For Bankruptcy?

If you have filed for bankruptcy, one of the biggest benefits is the automatic stay that immediately stops creditors from calling or contacting you and trying to collect debts that were filed in the bankruptcy.

This is a court order that forbids creditors from phoning the debtor, sending out demand letters, filing legal actions or taking any action to collect the debt that was owed on the date of the bankruptcy filing.

After the case has been administered the automatic stay will be replaced by the discharge injunction which is another court order that denies the creditors from demanding or trying to collect any of the discharged debt. What this is really saying is that once your debt has been discharged, creditors cannot take any action to try to collect that debt from you.

While these injunctions are here for your protection, a lot of times creditors will still try to collect your discharged debt. This typically happens because the original creditor who was listed in the bankruptcy sold off your bad debt to a debt buyer and didn’t bother to note that the debt was discharged in bankruptcy. If a creditor is trying to collect on a discharged debt, they are violating federal law and you need to contact us immediately to help you resolve this issue.

If a creditor has called you, sent you statements, collection letters, or you find that your discharged credit has been reported on your credit with a balance due, then you need to contact us immediately. A lot of bankruptcy attorneys don’t handle stay enforcement, but attorney Mr. Mastriani has helped hundreds with this issue.

So if you successfully completed a bankruptcy and are now on the receiving end of somebody’s telephone calls, letters or lawsuit regarding a debt that existed before you filed your bankruptcy, please contact us today. If the offending creditor will not voluntarily stop their collection efforts against you, legal action against them must be considered. In many instances the creditor is required to pay your reasonable attorney fees and you may be entitled to compensation for their violation of the bankruptcy code.

Mastriani Law Firm, PC, Serves Clients Throughout Texas

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