A Debt Collector is Calling Me After I Was Discharged Bankruptcy

For many people, filing bankruptcy means a fresh start. Or at least, that is what it should mean. But what happens when those annoying collection calls you were getting before bankruptcy start right back up again after bankruptcy?

Although debt collectors might tell you that their debt is not affected by bankruptcy, these post-bankruptcy collection calls may actually be prohibited. A debt collector should not call about a debt after bankruptcy if (1) you specifically list the debt collector on your list of creditors and (2) you receive a bankruptcy discharge of that debt. When this happens, the debt collector should receive notice of your discharge. After this notice, the debt collector should not call you about this debt anymore. Not only is the first post-discharge call improper, but it is also improper for a debt collector to continue calling you about a discharged debt when you have listed them as a creditor in your bankruptcy.

Under federal law, a debt collector is not allowed to make false representations about the legal status of a debt. If a debt has been discharged in bankruptcy and the debt collector knows this fact, they may not continue to try to collect the debt and claim it is still valid. An attorney can help you determine whether a debt collector is permitted to call you after a specific debt has been discharged in bankruptcy.
mlp (205) 912-8244