Your Bankruptcy Discharge

Published August 19, 2021 | By Robert S. Simonian

Your bankruptcy discharge is more than a document from the bankruptcy court. It is a federal court order prohibiting creditors from collecting the discharged debt from you. The important part here is discharged debt. Although you receive a discharge that does not mean all debt was discharged for example student loans, dhild support and some taxes.

When creditors ignore a federal court order, there can be serious consequences for them.

Discharge applies to most creditors

All creditors who got notice of your bankruptcy are subject to the discharge injunction, with a few exceptions. That’s why it is very important to list everyone who thinks you owe them money in your bankruptcy schedules. It is better to be safe by listing anyone you may owe money to and anyone who may think you owe them money. If the creditor was properly listed and properly notified of the bankruptcy filing they will have little or no excuse as to why they attempted to collect on a discharged debt. You may have a good cause of action against the creditor if they harass you or attempt to collect on a debt after receiving your bankruptcy discharge.

When collector calls after bankruptcy

Whether it’s a debt buyer or the original creditor occasionally you will encounter a collector after your bankruptcy case is over. If that happens, make sure you tell the collector about your bankruptcy discharge, give them your case number and your attorney’s name and phone number. To have a legal remedy for the violation of the discharge, you will need to prove that the collector knows about the discharge. You should keep notes about who called, the date, time, the person you spoke to, etc. If they call more than once after you informed them of the discharge, case number and attorney’s name it is important to call your bankruptcy lawyer immediately

Suing creditors to enforce the discharge

If a creditor is ignoring the bankruptcy discharge you may be able to sue them in bankruptcy court and recover damages and attorney’s fees. The amount of your recovery will depend on many factors including: the amount of stress and anxiety they caused you, if you were denied credit because of their actions, if you need to seek medical treatment due to the stress, if your credit score drops because of their actions and any other damages you can prove and demonstrate.

You can enforce the discharge against your creditors

If creditors who were discharged in your bankruptcy case continue to harass you, call your bankruptcy lawyer immediately. Save all the evidence about how the creditor harassed you. You should not ignore attempts to collect a discharged debt. Take careful notes or all contact they have made with you including all phone calls and save all letters, emails and texts that you receive. If you suffer damages it is important to document all damages. This will help your bankruptcy attorney if the matter goes to court.

BANKRUPTCY – UNDECIDED OR UNSURE WHAT TO DO?

Talk To Us About Your Options:

We always tell potential clients to talk to us first to see if bankruptcy is in their best interest. The consultation is always free. Talk with Attorney Robert Simonian or Attorney Anthony Bucacci in private and in total confidentiality to see if filing bankruptcy in Massachusetts is right for you.

We can almost always come up with a solution to your financial problem. We have filed over 10,000 cases in the past 26 years and there are very few scenarios that we have not seen. We are known for our hard work, diligence, creativity and problem solving abilities. Often we are the bankruptcy attorneys other attorneys come to with difficult cases. Call today to see what we can do for you and what options are available. Often people believe they are the only ones with financial problems and are embarrassed of their situation. This is simply not true and many famous people have had to file for bankruptcy to get a fresh start.

Why Call Bucacci & Simonian:

We are known as one of the best bankruptcy attorneys in Southeastern Massachusetts serving the Bristol County and Plymouth County areas. Please inquire with anyone as to our reputation. Reputation is everything and we are very proud of ours. We have received numerous awards from various agencies and courts including the Bankruptcy Court in Boston, Massachusetts.

Using our knowledge and skill we have had several clients complete their five year Chapter 13 bankruptcy plans where they own their home FREE & CLEAR OF MORTGAGES. We understand how important it is to save clients’ homes from foreclosure, keep their cars from being repossessed and stop creditors from suing them and attaching their wages or attempting to seize their assets. This can be stopped almost instantly and we make every effort to be very available to your clients and can accommodate emergency situations. One of our most famous cases involved saving a clients’s multi-family home. https://www.courtlistener.com/opinion/1863802/in-re-brizida/

What to Avoid:

Do not attempt to file for bankruptcy on your own. You can make your situation much, much worse. If the bankruptcy petition is not correct you could lose your home, your car or possessions or you could be asked to file a different kind of bankruptcy where you have to make monthly payments when it could have been avoided. If you are not properly represented a bankruptcy trustee may foreclose on your house, allow your car to be repossessed, seize a tax refund or other assets. You could file under the wrong chapter, apply the wrong exemptions, fail to file all of the necessary forms or not understand the significance of important forms.

Protect Yourself:

Call us today for a free and complete bankruptcy consultation. We can protect you from your creditors and protect your home, cars, jewelry and other assets. Creditors and collection lawyers have a job to do and it may seem that they are heartless and will take anything they can from you. They are represented and you should be too. Call us today. The Federal Bankruptcy Court indicated that seeking the advice of a qualified attorney is strongly recommended. https://www.uscourts.gov/services-forms/bankruptcy/filing-without-attorney