Q: Can a debtor collect on previous debt that was discharged?
A: No, a debt collector can not collect on debts that were already discharged in a bankruptcy. This would be a violation of the automatic stay.
Stuart Nachbar and Timothy Denison agree with this answer
A: No, that would be a violation of the debtor's discharge. 11 U.S. Code 524 (a) 2 provides that a Discharge operates as an injunction against the commencement or continuation of an action, employment of process, or an act to collect, recover or offset such debt as a personal liability of the debtor. Several courts have held creditors in contempt and imposed fines, sanctions, and legal fees against creditors who have violated the discharge injunction.
Stuart Nachbar agrees with this answer
A:
I read your question differently from the others who have answered, meaning I think you may have someone who owes you money, and you want to know whether, post-bankruptcy, post-discharge, you can pursue the one who owes you money.
The answer is yes, if you listed the debt on the sworn Schedules you filed in your bankruptcy case. If you didn't list your claim against whoever, then no, you probably do not have a right in law to pursue the claim now.
A:
I agree that a Debt Collector may not collect on a debt that was discharged in a previous bankruptcy. You should provide them with a copy of the schedules, and a copy of the Discharge.
If you are referring to a debt that is owed to you, if you disclosed same on your schedules, and the Trustee abandoned his/her interest in same, then you may collect.
A: Any attempt to collect on a debt discharged in bankruptcy can be dealt with by a letter from an experienced bankruptcy attorney warning the creditor to "Cease & Desist" or a contempt motion will be filed with the Bankruptcy Court. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
