What If A Creditor Attempts To Collect On A Discharged Debt?
If a creditor attempts collection efforts on a discharged debt, the debtor can file a motion with the court reporting the action and asking that the case be reopened to address the matter. The bankruptcy court will often do so to ensure that the discharge is not violated. The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit, designed to collect a discharged debt. A creditor can be sanctioned by the court for violating the discharge injunction. The normal sanction for violating the discharge injunction is civil contempt, which is often punishable by a fine.
This website contains legal information, and not legal advice.
It's content refers only to the law of the State of Texas.
Law Offices of David M. Siegel
Dallas, TX
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.