Can An Unsecured Creditor Come After Me After I Receive My Bankruptcy Discharge?

Unsecured creditors cannot legally come after you after you receive your bankruptcy discharge. If they do, they are in violation of the bankruptcy discharge order and you should meet with your bankruptcy attorney as soon as possible.

Save any recorded messages from answering machine and any letters you have received. These things will be good evidence for your attorney use in any lawsuit for discharge violation.

If your bankruptcy case was discharged, none of your unsecured creditors can ever come after you. Every unsecured creditor that you have listed in your bankruptcy petition is banned from ever making any attempt to collect from you again. If they do, they can be held liable by the Bankruptcy Court for violating the discharge order.

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However, if your case was dismissed, the unsecured creditor that would have been eliminated had you finished your case will be able to pursue you with collection efforts. Some experts call this type of debt "zombie" debt. Basically, when an order of dismissal has been granted by the court, the creditor is put back the same spot as they were before the case was started. As a result, they can come after you with lawsuits.

You never know when a creditor might pursue their collection rights when your case is dismissed. Some car creditors with shark attorneys have been known to repossess cars the day after order of dismissal of the bankruptcy was entered on the court docket. In some states like Georgia, mortgage companies in have been known to restart foreclosure proceedings in as soon as possible after a dismissal of a bankruptcy has been granted.

In contrast, some creditors may never come after you in after your case is dismissed. Collection companies are the ones who are most likely to pursue a debtor who has had a case dismissed. When a case is dismissed, the Bankruptcy Court will mail a notice of dismissal to every creditor listed in the petition. I wonder how many creditors never open mail received from the bankruptcy court?

If your bankruptcy case has been recently dismissed, you need to meet with your bankruptcy attorney as soon as you can so that she can review your petition ASAP.

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