Collection Activities after a Bankruptcy Discharge

After a debtor receives a discharge in bankruptcy (whether the debtor filed for Chapter 7 or Chapter 13), the automatic stay follows the debtor for the past debts. If a debt was discharged in a bankruptcy, and that creditor continues to contact the debtor, any collection action or attempt breaches the automatic stay. The debtor may be entitled to equitable and monetray relief. However, if a creditor was not listed in the petitions or schedules during the bankruptcy, the debt may or may not have been discharged. If the old debt is unsecured debt, more than likely it can still be discharged and the automatic stay would come into effect once the creditor receives notice of the past filed bankruptcy. If you have had a recent bankruptcy discharge and your are still being harassed for old debts, you should contact an experienced bankruptcy attorney.

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