Legal Question in Bankruptcy in Wisconsin
Bankruptcy
I filed Bankruptcy with the court on 9/13, had my creditor meeting 10/9, Got turned over to a collection on 10/2 from one filed on my bankruptcy. Called the collection to inform them of this, they said I still owe them. What can I do about this? Hasn't been discharged yet.
1 Answer from Attorneys
Post Bankruptcy Filing Collection Activity by Recalcitrant Creditor
It would usually a simple matter for your bankruptcy attorney to stop improper collection efforts by a creditor once a bankruptcy listing that creditor has been filed. If the creditor is subject to the bankruptcy stay and disregards it, he is potentially liable for punitive damages and actual attorney fees if the debtor needs to take them back to court to stop the collection. For certain debts, such as collections for child support or restitution in a criminal case, creditor efforts to collect are not stayed. You need to discuss these matters with your attorney as soon as possible.
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