What to Do if Creditors Continue to Call After the Debt Has Been Discharged:
If you continue to receive harassing phone calls after receiving a court-ordered discharge of debt, you can file a motion to halt the creditor. A discharge is a statutory injunction that prohibits creditors from taking any action, including making phone calls, to collect debt. If the debtor files a motion, the case will be reopened to ensure the issue is properly addressed.
If a creditor violates bankruptcy regulations and continues to pursue debt collection, this is considered civil contempt and is punishable by a fine. Therefore, if you have filed for bankruptcy and obtained a debt discharge, you should not accept creditors contacting you and harassing you about the money you owe them. There is no legal obligation to repay the creditor because the state no longer recognizes your debt.
When occurs the Discharge:
There is some variation in the timing of the discharge based on the specific chapter under which it is lodged. In Chapter 7, the court typically grants the discharge promptly following the expiration of the complaint filing deadline. This means that it takes approximately four months from the date the petition is filed with the registrar of the bankruptcy court.
In most cases where a payment plan is implemented, the debt is discharged once the terms of the plan have been met. Also, this discharge may be revoked if the debtor fails to satisfy all court-mandated requirements. Typically, prior to debt discharge, the court requires the debtor to complete an educational debt management course. You can avoid making errors when filing for bankruptcy if you consult with an experienced bankruptcy attorney.
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