When a Chapter 7 discharge is granted, the court enters an order prohibiting creditors from later attempting to collect any discharged debt from the person filing. Any creditor who violates this court order may be held in contempt of court and may be liable to the person for damages.
If a creditor later attempts to collect a discharged debt, you should give the creditor a copy of your Chapter 7 discharge and inform the creditor in writing that the debt was discharged in the Chapter 7 case. If the creditor persists, contact an attorney with experience in bankruptcy law.
If a creditor files a lawsuit on a discharged debt, it is important to inform the court in which the lawsuit is filed that the debt was discharged in bankruptcy. The lawsuit should not be ignored. Even though a judgment entered on a discharged debt can later be voided, voiding the judgment may require the services of an attorney—which could be costly.
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If you've filed for bankruptcy and are still being harassed by debt collectors, this is a violation of your legal rights. At Steffens Law Office, we're committed to protecting Nebraska residents from unfair and illegal debt collection attempts. Contact us today to schedule a case review.