Sicklerville, NJ asked in Bankruptcy for New Jersey

Q: Can a debtor collect on previous debt that was discharged?

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6 Lawyer Answers
Karra Kingston
Karra Kingston
Answered
  • Bankruptcy Lawyer
  • Staten Island , NY

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

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: No. They cannot.

Stuart Nachbar agrees with this answer

Lloyd M. Nolan
Lloyd M. Nolan
Answered

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

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

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.

Stuart Nachbar
PREMIUM
Stuart Nachbar
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ
  • Licensed in New Jersey

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.

Leonard R. Boyer
Leonard R. Boyer
Answered
  • Bankruptcy Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

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.

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