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What should I do if I see a discharged debt on my credit report?
If a discharged debt is on your credit report and the “Balance Due” shows a non-zero balance (i.e., anything other than zero), you may have a discharge violation. If this occurs you should contact your attorney and provide him with a copy of the credit report, so that he can seek to recover damages from the creditor for violating the court’s discharge order.
What should I do if I receive a letter or phone call from a person or company trying to collect a discharged debt?
If a creditor or debt collector calls or writes you in an attempt to collect a discharged debt, you may have a discharge violation. If the demand for payment is in a letter or other form of written correspondence, you should provide it to your attorney. If you receive a phone call demanding payment, get the name and phone number of the caller, the name and address of the company for whom the caller works, the name of the original creditor, and write down as much as you can of what the caller says to you and then provide all of the information to your attorney. If the person leaves a voice mail message demanding payment, save the message and provide a copy of it to your attorney. In each of these situations, your attorney should seek to recover damages from the creditor or debt collector for violating the court’s discharge order.
What should I do if I receive a phone call from a person or company trying to collect a debt while I am still in bankruptcy?
If a creditor or debt collector calls you in an attempt to collect a debt while you are still in bankruptcy, you should tell the caller that you are in bankruptcy, give the caller your bankruptcy case number, as well as the name and phone number of your attorney. While you are on the phone, take notes of the conversation, including the name and phone number of the caller, the name and address of the company for whom the caller works, and the name of the original creditor. Then, provide this information to your attorney. Unless the creditor has permission from the court to contact you, your attorney should write a letter to the creditor demanding that it cease and desist from any and all attempts to collect the debt. If the creditor calls a second time, inform your attorney who should file an action in the bankruptcy court seeking damages from the creditor for violating the automatic stay.
What should I do if I receive a letter from a person or company trying to collect a debt while I am still in bankruptcy?
If a creditor or debt collector writes you in an attempt to collect a debt while you are still in bankruptcy, you should provide a copy of the letter to your attorney. Unless the creditor has permission from the court to contact you, your attorney should write a letter to the creditor demanding that it cease and desist from any and all attempts to collect the debt. If the creditor writes you a second time, provide a copy of the letter to your attorney and he should file an action in the bankruptcy court seeking damages from the creditor for violating the automatic stay.
How can I rebuild my credit after filing bankruptcy?
While there a number of books and websites that discuss bankruptcy, there are few that deal with how to rebuild your credit after you have filed bankruptcy. I believe the key factor in rebuilding your credit is to follow sound financial planning and budgeting principals that match your goals in life. The best book I have found for helping people do this is called Your Money or Your Life by Joe Dominguez. While it does not deal specifically with bankruptcy, it gives an excellent step by step process to help you manage your money so that it does not manage you. |