Debt Collection After Bankruptcy Filing

After you file for bankruptcy, you receive protection from debt collection by the automatic stay.  This is a Federal law that prohibits your creditors (and debt collectors) from attempting to collect debts during the pendency of your bankruptcy, with some exceptions.  When you receive a discharge in bankruptcy, the automatic stay becomes permanent and any debt listed and discharged in your bankruptcy cannot be collected upon. 

However, people who have filed for bankruptcy and/or received a discharge have been increasingly receiving collection calls and/or letters from debt collectors (not the original creditors listed on the bankruptcy.)  Even though you are protected by the automatic stay/discharge order, the debt collector will claim that they did not have knowledge of the bankruptcy.  They simply purchased the debt from the original creditor who did not tell them that a bankruptcy was filed.

If you are in this situation, you should contact an experienced consumer attorney for assistance.  It is important to notify the debt collector (preferably in writing by certified mail, return receipt, with a copy of your “Notice of Bankruptcy Filing”) of your bankruptcy.  After the debt collector has knowledge of the bankruptcy, they must stop collecting on the debt.  If they do not, you may be able to take action against the debt collector under either 1) the Bankruptcy Code as a violation of the automatic stay/discharge order or 2) the Fair Debt Collection Practices Act.

You are not alone and YOU HAVE RIGHTS!  Contact an attorney today!!!