Bankruptcy Discharge Violations

Protecting Your Discharge

You’ve completed a Chapter 7 or Chapter 13 bankruptcy case, and you’re ready to move forward. With the mistakes or crises of the past behind you and the debt that was plaguing you wiped out, it’s time to rebuild your finances and your credit. But, some creditors and debt collectors don’t play fair.

If you’re getting collection calls and letters about discharged debt, or you’re still seeing a discharged debt listed with an outstanding balance on your credit report, it’s important to know your rights

What is a Bankruptcy Discharge Violation?

Your bankruptcy discharge is more than just a certificate of your fresh start. It’s a court order telling creditors and debt collectors that they’re no longer allowed to pursue payment of the debts that have been discharged.

Creditors, debt collectors, and debt buyers who continue to call, send collection notices, or inaccurately report those accounts to credit reporting agencies are violating a court order.

Why Would a Creditor or Debt Collector Violate the Discharge Order?

Discharge violations happen for a variety of reasons. One is that the creditor, debt collector, or debt buyer made an honest mistake. Perhaps the bankruptcy didn’t get entered into the computer, or the debt was handed off to a collection agency or sold to a debt buyer at just the wrong moment, meaning that the company handling the debt didn’t receive notice.

If that’s the case, sending the company that’s attempting to collect the debt a copy of your bankruptcy discharge order or disputing the entry on your credit report may clear up the problem.

Unfortunately, some discharge violations are intentional. Shady debt buyers may try to convince you that you’re obligated to pay them because they aren’t the original creditor and weren’t listed in the bankruptcy. Or, a creditor may intentionally continue to report a discharged debt to one or more of the three major credit bureaus.

Have Questions?

Our team is here to help with most legal issues that impact your life.

Monitoring Your Credit Report after Bankruptcy

Reporting discharged debt can be an honest mistake. Or, it can be a sneaky pressure tactic. If you’re applying for a mortgage or car loan and that debt crops up on your credit report, paying it off may be the quickest and easiest way to get your loan–even though you don’t actually owe that money anymore.

The best way to avoid having to make that tough decision is to monitor your credit reports after bankruptcy. Promptly dispute any reporting of discharged debt as delinquent or with an outstanding balance. If you succeed in having an item removed from your credit report, continue to monitor–disputed items sometimes pop back up after a few months.

Fighting Discharge Violations

The first step is to contact the creditor or collector, or to file a dispute with the credit reporting agency. If that doesn’t solve the problem, it’s time to talk to an attorney who handles bankruptcy discharge violations and consumer financial protection violations in your area.

Possible remedies include:
● Reopening your bankruptcy case to request that the creditor or debt collector be sanctioned for violating the discharge order

● Filing suit under the federal Fair Debt Collection Practices Act (FDCPA) if a third party collector is misrepresenting the legal status of the debt or otherwise violating the law

● Filing suit under the federal Fair Credit Reporting Act (FCRA) if the creditor, debt collector, or credit reporting agency has failed to fulfill its obligation to investigate and correct errors

● In some states, filing suit under a state consumer financial protection statute

Talk to a Bankruptcy Discharge Violation Lawyer

You owe it to yourself to make sure you get the full benefit of your bankruptcy discharge. Resolve Law Group is here to help. If you’ve received a discharge in bankruptcy and are still receiving collection calls, being threatened with lawsuits, getting past due notices, or seeing discharged debt on your credit report, it’s time to fight back.

Navigating Bankruptcy Discharge Violations

When you are in need of a bankruptcy discharge violation lawyer to guide you through your dilemma, do not wait to take action. When facing such a situation, it's imperative to seek the guidance and representation of an experienced bankruptcy discharge violation lawyer. At Resolve Law Group, we understand the stress and uncertainty that can come with these circumstances, and we are here to provide you with the support and legal expertise you need to protect your rights and interests.

When Bankruptcy Discharge Violations Happen

Bankruptcy discharge violations occur when a creditor or party involved in your bankruptcy case attempts to collect a debt that has been legally discharged through the bankruptcy process. Such violations can come in many forms like harassment calls and persistent letters regarding debt collection. If you find yourself in this unfortunate situation, it is essential to act swiftly and consult with a bankruptcy discharge violation lawyer who can help you enforce your rights under bankruptcy laws.

What We Can Do To Help

Our team is highly proficient in bankruptcy law and understands the scenarios that clients often go through. We understand the intricacies of bankruptcy law and will work tirelessly to ensure that your discharge is upheld, and any violations are addressed appropriately. Whether you are dealing with a creditor who refuses to acknowledge your discharge or a violation of the automatic stay, our experienced attorneys will provide you with tailored legal solutions to protect your financial future.

When you choose a skilled bankruptcy discharge violation lawyer to represent you, you can expect to receive quality legal services and support. Our bankruptcy discharge violation lawyers are committed to achieving the best possible outcome for our clients. We will meticulously review your case, gather evidence, and engage in negotiations or litigation as needed to rectify any discharge violations and secure the relief you deserve.

Get Legal Assistance Now

Do not wait until your situation worsens to seek assistance. Our skilled and compassionate team of lawyers is here to offer you the support and guidance you need during this challenging time. We are committed to upholding your rights under bankruptcy law and ensuring that you receive the fresh start you are entitled to. Contact us today for a confidential consultation, and let us help you put an end to discharge violations and regain control of your financial future.

Risks Of Refusing Legal Counsel

If you do not consult a lawyer, you can risk making your scenario much worse because you will not have proper guidance. Without proper legal guidance, you may inadvertently make decisions or agreements that could harm your financial future. Creditors and collection agencies may take advantage of your lack of legal representation and continue their efforts to collect discharged debts, leading to unnecessary stress and financial strain.

Seek Legal And Financial Help

Don't let bankruptcy discharge violations disrupt your life any further. Trust our firm to protect your interests and provide you with the legal representation you deserve. Together, we can work towards a resolution that allows you to move forward with confidence and financial stability. Contact a trusted bankruptcy discharge violation lawyer for more information about ways you can find relief now.

Bankruptcy Discharge Violations FAQs

Navigating the complexities of bankruptcy can be a daunting task. One of the most critical aspects post-bankruptcy is ensuring that the discharge injunction is honored. This guide aims to answer frequently asked questions about the role and importance of a bankruptcy discharge violations attorney who specializes in protecting clients against violations of their bankruptcy discharge. Resolve Law Group is experienced in this field and would be happy to speak with you about any questions you may have. Continue reading to learn more about some of the FAQs.

What Is A Bankruptcy Discharge Violation?

A bankruptcy discharge violation occurs when creditors continue to attempt collection on debts that have been cleared through bankruptcy. This can include phone calls, letters, lawsuits, or any attempt to collect discharged debts, directly contravening the discharge injunction provided by the court.

How Does A Lawyer Help In These Situations?

A bankruptcy discharge violations attorney wants to ensure that clients' rights under the bankruptcy discharge are fully protected. They can assist in stopping harassing collection attempts, filing court actions to enforce the discharge, and potentially securing damages for violations. Their knowledge is crucial in navigating the legal system to uphold the discharge's integrity.

What Steps Should I Take If I Suspect A Violation?

If you suspect a violation of your bankruptcy discharge, the first step is to gather all related documentation, including any communication from the creditor. Next, consult with a lawyer who can assess the situation and advise on the best course of action. Timely legal advice can be pivotal in addressing the violation effectively.

Can Creditors Be Penalized For Discharge Violations?

Yes, creditors can face penalties for violating a bankruptcy discharge. The court may order compensatory damages, punitive damages, and in some cases, attorney's fees. The specific outcome depends on the violation's nature and severity, highlighting the importance of legal expertise in these matters.

How Long After My Bankruptcy Can I Enforce My Discharge?

There is no strict time limit for enforcing your bankruptcy discharge rights. However, addressing violations promptly is always advisable. A delay in taking action could complicate the process and impact the effectiveness of your legal response.

Is It Worth Hiring A Lawyer For A Suspected Violation?

Absolutely. Hiring a bankruptcy discharge violations attorney who is experienced in the field not only increases the chances of successfully resolving a discharge violation but also ensures that your rights are vigorously defended. The complexity of bankruptcy law and the nuances of court procedures make specialized legal counsel invaluable in these cases.

Can This Type Of Lawyer Help Prevent Future Violations?

While a lawyer cannot guarantee that no creditor will ever attempt to violate the discharge, they can take proactive steps to minimize the risk. This includes notifying creditors of the bankruptcy discharge and taking swift action at the first sign of a potential violation, which can serve as a strong deterrent.

Contact Us Today

Understanding your rights and the protections afforded by a bankruptcy discharge is crucial in navigating post-bankruptcy life. A bankruptcy discharge violations attorney plays a vital role in enforcing these rights, offering both relief and recourse for individuals facing undue collection attempts. If you suspect a violation of your bankruptcy discharge, consulting with a legal expert is a critical step in ensuring your financial recovery remains on track.

For those in need of guidance or suspecting a discharge violation, taking action sooner rather than later can make all the difference. Reach out to Resolve Law Group for a consultation to explore your rights and options, ensuring your path to financial stability is protected.

Resolve is America’s Consumer Law Firm

Dedicated Attorneys
Resolve attorneys share our mission to make high-quality legal services available to consumers everywhere.
Broad Consumer Services
Resolve offers a wide range of services to provide our clients with more comprehensive, coordinated service.
A Single Trusted Point of Contact
No matter what your consumer legal issue, you can make Resolve your first call. No searching, no stress.
Nationwide Coverage
Resolve attorneys are licensed in dozens of states and admitted to federal courts in many others. Wherever you are, we’re here for you.

Need Legal Help?

Get In Touch.
Whatever your legal issue, the best first step is to make sure you have reliable information and knowledgeable guidance.

We built Resolve Law Group–America’s Consumer Law Firm–to help ensure that people like you have access to the help they need, no matter where in the country they are.

To learn more about how we may be able to help, contact us right now. Fill out the contact form on the right, or call or email us today.
Our Attorneys
Thomas John Patti III
View Bio
Allen Jones III
View Bio
Richard Feinberg
View Bio
Matthew Felty
View Bio
Syed Hussain
View Bio
Susan Rotkis
View Bio
Stuart Price
View Bio
Sal Perez
View Bio
Rabin Pournazarian
View Bio
Michael Yancey
View Bio
Makoto Shuttleworth
View Bio
Tegan Rodkey
View Bio
Jenna Dakroub
View Bio
Dawn McCraw
View Bio
Candace Arroyo
View Bio
Steven A. Alpert
View Bio

Disclaimer

Resolve Law Group is a dba of Price Law Group, APC. Resolve Law Group is a law firm. This site is ATTORNEY ADVERTISING.

WE ARE A DEBT RELIEF AGENCY. We help people file bankruptcy petitions to obtain relief under the bankruptcy code.

Resolve Law Group attorneys are licensed in Alabama, Arizona, California, Florida, Georgia, Indiana, Kansas, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Pennsylvania, Oregon, South Carolina, Tennessee, Texas, Washington, Wisconsin. The firm may affiliate with or refer prospective clients to other law firms located throughout the country to provide legal representation.

The hiring of a lawyer is a critical decision and should not be predicated solely on comments, advertisements or other content found on any website.

An attorney-client relationship is not formed if you submit information through this site or if you call the phone number listed on this site.

In Missouri, we do not have a staffed office, and appointments are virtual.

Nothing on this site should be taken as legal advice for any individual case or situation. The legal information on this site is provided for general informational and educational purposes only and is not a substitute for professional advice. The use or reliance on any information on this site is solely at your own risk.

Prior results do not guarantee a similar outcome. Testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Contingent attorneys' fees refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases.

"No fee unless you win or collect" or “We never charge a fee unless and until we recover a settlement or win your case at trial refers to fees charged by the attorney and costs of litigation, unless otherwise agreed in advance.

Attorney Stuart Price, 6345 Balboa Blvd., Suite 247 Encino, CA 91316 is responsible for the content of this site.

For further information concerning the use of this site, please see our Privacy Policy.


Copyright © 2024 Resolve Law Group

chevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram