What happens if you are contacted a creditor after your bankruptcy?

At the completion of your bankruptcy the Bankruptcy Court will issue a “Order of Bankruptcy Discharge. The Discharge operates as a permanent injunction against any creditor attempting to collect a claim from you which pre-existed the filing of the bankruptcy petition with very limited exceptions.. If an old creditor contacts you regarding a debt included in the bankruptcy do the following:

1. Tell him you filed bankruptcy and received your discharge on the date shown on the enclosed discharge order.

2. Send him a copy of the Discharge if he asks for it, or at least give him the case number , the case filing date, and my name and my phone number to confirm the discharge. If he persists in contacting you over your objections, contact me for assistance.

The “assistance” I refer to above normally means merely sending the creditor a stock threatening letter. This is done as a courtesy to you without charge and is effective to stop the problem about 99% of the time. Occasionally, there appears a particularly obnoxious creditor who ignores the letter. That type of person is handled with a “Contempt Citation” issued by the Bankruptcy Court. Obtaining this is not part of the original bankruptcy service and fee, so I would charge you a regular hourly rate, however the Bankruptcy Court usually orders the obnoxious creditor to reimburse you the amount of attorney fees you paid me, as a penalty for having been in contempt of the Discharge order. The truly recalcitrant creditor is a rarity. In the normal course of events, multiple contacts from a creditor after bankruptcy are usually the result of clerical or computer error, or the failure of a creditor to correctly separate you from someone else with a similar name.

  • We are a Federally Designated Debt Relief Agency and Bankruptcy Lawyers who help people file for bankruptcy relief under the Bankruptcy Code. We do not retain clients on the strength of advertising material alone but only after following our own engagement procedures based on in-person interviews, conflict checks, and retainer agreements. The information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Nor does the use or reliance of information contained on this web site constitute the establishment of a lawyer-client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information on this site. Serving the cities of Arvada, Aurora, Boulder, Brighton, Broomfield, Castle Rock, Centennial, Cherry Hills, Conifer, Commerce City, Denver, Denver Tech, Erie, Evergreen, Greenwood Village, Golden, Highlands Ranch, Lafayette, Lakewood, Littleton, Lodo, Longmont, Louisville, Lone Tree, Morrison, Northglenn, Parker, Thornton, Ft. Collins, Nederland, Rollinsville, and Westminster.

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