Can Creditors Continue to Contact Me After My Bankruptcy Has Been Discharged?

Once your bankruptcy filing has been completed and debt has been discharged, you would think you no longer owe on the debt and you can move forward with a clean slate.  Unfortunately, some debt collectors think otherwise and want to continue their collection efforts regardless of your account being discharged by the court.  In short, they should not continue with collection actions against you.  They most likely would be in violation of bankruptcy laws and the Fair Debt Collection Practices Act.

The Wall Street Journal (WSJ) featured a report in December 2011 about Capital One Financial Group, one of the leading credit card company issuers, about multiple claims made against their debt collection attempts.  Various lawsuits have been filed against the company because they have been trying to collect on debt that has been discharged in previous bankruptcy filings.  Capital One feels they are in compliance and claims they have modified their collection procedures but an ongoing audit against the company may prove otherwise.

Part of the problem lies with debt collectors and how they pursue in collection activity.  They are known for buying old debt from creditors but they also buy old accounts that have gone into bankruptcy in hopes of being able to collect from debtors unaware of the law or their rights.  Poor record keeping is another culprit.  If an account has been discharged, paid or closed for whatever reason it wasn’t documented in a timely manner.

If your bankruptcy case has been completed and debts discharged, the debt collector may be in violation of the law and you may want to look into presenting a case in small claims court.  Contact your bankruptcy attorney or legal representative with questions or concerns.