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.

A: No. They cannot.

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.

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.