Legal Question in Credit and Debt Law in California

If a person goes bankrupt and everything is discharged and cleared off the table, does he necessarily have to be concerned if he finds out someone is looking for him?

This might sound familiar but I am getting closer to a final answer I think.

A person goes bankrupt and is getting calls where he used to live (which doesn't make those people happy). He doesn't want to investigate because everything was taken care of and they will know where he is with caller ID or whatever and have an opportunity to just harass him.

Should he worry?

This will probably be the last time I ask about this.


Asked on 8/07/11, 9:14 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Why worry? A creditor who attempts to collect on a debt which is discharged in bankruptcy violates the bankruptcy court's discharge injunction, and the debtor can file a motion in bankruptcy court for punitive damages plus attorney fees. So keep good records of who called, from what number and when. It's free money for you. Have your bankruptcy lawyer call them back (no worries about them having your caller ID or ANI).

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Answered on 8/07/11, 9:25 pm


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