Legal Question in Bankruptcy in Virginia

Re: Collections after discharge

I agree with my colleague Atty Stolker, however it appears there may be an FDCPA claim here as well. You should consult with an attorney concerning this law protecting debtors from creditors. The general rule is that you are entitled to a $1,000.00 penalty assessed against the creditor for violating the FDCPA. The creditor also must pay your attorney's fees. Contact me for further explanation.

Re: Collections after discharge

The creditor is violating the Bankruptcy Court's discharge injunction, which prohibits post-bankruptcy collections. First, you must send the creditor a letter asking them to call of the bill collectors, and advising that you will report the matter to the Court if they do not. If they persist, you can file a motion asking the Bankruptcy Court to reopen your case and, to order the creditor to stop demanding money, and to penalize them for violating the discharge injunction.

It would be best to have a bankruptcy attorney handle this for you.

Richard S. Stolker

Maryland-Virginia-District of Columbia

301.294.9500