A credit union discharged in bankruptcy keeps sending me email reminders to pay bills and bank statements.

Question

My bankruptcy was discharged in October 2021. Since then I constantly get emails from 2 creditors. One sends me constant reminders to download statements.  The other sends me bill pay reminders for debts that were also included in my bankruptcy. I’ve called both CU to tell them I do not have an account w them and to stop emailing me. As of today they haven’t removed me from their email list. Is this communication from them allowed under the law?

W. J. Winterstein Jr. · Answer

The US Supreme Court, since the early '90s with the Dewsnup opinion, has been curtailing the Bankruptcy Code's provisions for debtor's relief against creditors generally, imho. 
Most recently, the US Supreme Court shifted the burden of proof for a debtor's action against a creditor for violation of the stay/permanent discharge injunction, requiring the DEBTOR to bear the burden to show that the creditor's acts have been INTENDED to knowingly violate the stay/permanent injunction, and that's a weighty, and expensive, burden, effectively quashing most such actions by a bankrupt. 
We have noticed, in the last few years, that many creditors include language in their statements of debt to a debtor to the effect that the invoice/notice is "informational" only, building in a surface defense based on the creditor's "intent". 
 
Note that the courts have often said that a bankruptcy discharge terminates a debtor's legal obligation to repay, but not his moral obligation. 
 
Confer with an experienced bankruptcy lawyer in Colorado about what proof would be needed to bring your contempt actions, and the cost of doing so.

Timothy Denison · Answer

Have your lawyer contact them to cease and desist.

James L. Arrasmith · Answer

In your situation, it's important to know that after your bankruptcy has been discharged, creditors are generally prohibited from contacting you in an attempt to collect the debts that were included in the bankruptcy. The emails you are receiving may constitute a violation of the Fair Debt Collection Practices Act (FDCPA) or other relevant consumer protection laws. 
 
You should take the following steps to address this issue: 
 
1. Document the emails: Keep records of all the emails you have received from these creditors, including dates, content, and any responses you have sent asking them to stop. 
 
2. Review your bankruptcy paperwork: Make sure that the debts in question were indeed discharged as part of your bankruptcy case. If they were, this strengthens your position. 
 
3. Contact your bankruptcy attorney: Reach out to the attorney who handled your bankruptcy case and inform them of the situation. They can provide guidance on how to proceed and may be able to communicate with the creditors on your behalf. 
 
4. Send a cease and desist letter: You can draft a formal letter to the creditors requesting that they cease all communication with you regarding the discharged debts. This letter serves as a clear indication of your intent and may help stop the emails. 
 
5. Report violations: If the emails persist after sending the cease and desist letter, you can report the creditors to the Consumer Financial Protection Bureau (CFPB) and your state's attorney general's office for potential violations of the FDCPA or other consumer protection laws. 
 
Remember that it's essential to consult with your bankruptcy attorney and follow their guidance to address this issue effectively and protect your rights under bankruptcy law.

Q: A credit union discharged in bankruptcy keeps sending me email reminders to pay bills and bank statements.