You filed for bankruptcy to put an end to harassment by your credit card companies . You lived through an intimidating process and dealt with an abundance of paperwork so you would be elegible for a fresh financial start and find relief . Despite having a court-approved discharge on your financial debts , however, it is possible that some lenders and collection agencies may still make attempts to collect the debt from you .
Make sure you consult with your Minnesota bankruptcy attorney and follow these guildelines to stop threats from creditors and lenders after your debts have been discharged .
Keep Track of all Your Bankruptcy Records
You can count on your Minnesota bankruptcy attorney to retain copies of all your pertinent bankruptcy paperwork . The bankruptcy court will also keep copies of this documentation in your file and you will be given copies to keep as well. Store these records in a secure place, suck as inside of a bank safety deposit box . You should also scan the paperwork so you have an extra copy . These records are what you need to prove that your debts have been discharged.
Document Creditor Contact
If your debts have been discharged, your creditors should no longer be calling you. Keep accurate records if they do. Write down the date , time of contact , the name of the creditor making the collection attempt , the name of the caller , the company’s phone number and email address.
When the creditor contacts you the first time , inform the representative that the debt was discharged during a bankruptcy proceeding . Do not supply any additional information pertaining to your bankruptcy , your current financials or your present income . Refer the caller to your lawyer for information regarding your bankruptcy. He’ll do all he can to calm your fears about bankruptcy myths you may have heard as well.
Contact Your Lawyer
It is unlawful for lenders to attempt to collect against debt that the bankruptcy court has discharged. Your bankruptcy attorney may opt to call the creditor and supply proof that the debt in question has been discharged . The attorney will also send a cease and desist letter to inform your creditor that he is breaking the law when they continue to attempt to collect a debt that has been discharged .
You May Need to File A Motion in Court
If the creditor continues to harass you for payment , it may be necessary to have your Minneapolis bankruptcy attorney file a motion against the creditor in question . This motion will ask the court to move in your behalf and the creditor could , if found guilty , be ordered to pay a fine in addition to stopping his collection attempts .
Bankruptcy is a ethical way to get a fresh financial start and you have no legal obligation to pay any debt that has been discharged. Speak to your bankruptcy attorney right away if any of your creditors continue to pursue collection efforts .