You suffer though a tough financial situation and are forced to file bankruptcy. You hire an attorney and go through the process. One of your creditors objects to the filing. The court decides in your favor and orders a discharge. The credit keeps trying to collect the debt. Now what?
Bankruptcy is a serious decision and a serious matter. Both the debtors and creditors pay a big price. For debtors, their credit rating is destroyed and they lose many of their assets. For creditors, they lose most or all of the debt they are owed. Out of this, however, comes an order from the judge, known as a "discharge", that allows the debtor to wipe the slate clean and get on with their life.
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Millions of bankruptcies are filed every year. Unfortunately, that number is climbing dramatically as the economy continues to tank. With all the filings being made, creditors like banks, credit card companies and the like have become familiar with the bankruptcy process. They know when they can be aggressive and when they cannot. Still, there is the odd creditor who just doesn't know when to quit. Despite a discharge being issued by a judge, the creditor continues to try to collect the debt. As a debtor, is there anything you can do? Yes!
If a creditor comes after you following the discharge of a debt, it is time to go back to the bankruptcy court. Why? The bankruptcy proceeding needs to be re-opened. Judges are very particular about parties they violate their orders. While you may have taken a beating in your bankruptcy case, the shoe is now on the other foot. The bankruptcy judge is going to order the creditor to appear in court. The creditor will be asked what they think they are doing. The creditor will answer. The judge will then drop the hammer on the creditor. The hammer usually comes in the form of a contempt order and a large fine. The judge will often also order the credit to pay you for your time and costs including attorney's fees.
Filing bankruptcy is a difficult affair to say the least. That being said, you should be free to get on with your life once it is done. If a creditor bothers you, don't hesitate a moment. Get back into court and let the bankruptcy judge take care of the matter. Trust me, it will be something you will enjoy watching.
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