Legal Question in Credit and Debt Law in California

There are no such grounds. As odd as it sounds, there is no "private right of action" provided for in the Bankruptcy Code for the Debtor to directly sue a creditor who violates either the Automatic Stay or the Discharge Injunction (the Discharge Order). Instead, a bankruptcy debtor who is the subject of a creditor's attempts to collect a discharged debt must first file a motion to reopen their case (assuming it has been both discharged AND closed). Once the case is reopened, you must then file a motion to hold the creditor in contempt of court. There is no set damages such as treble damages - instead the Court will examine the conduct, the effect of the conduct (did you suffer mental anguish, etc...) as a result of their conduct, and then will assess sanctions for violation of the Discharge Injunction.

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