Receiving daily harassing phone calls from multiple creditors will slowly wear a person down. One of the best solutions for ending these phone calls is achieving a discharge of debt from bankruptcy court. Depending on what chapter of bankruptcy you file the court either discharges all or some of your debt. There are very strict rules that must be followed to ensure that you are granted a petition of discharge and that it remains instated and not revoked by the court. If those rules are followed completely then you can rest assured that you will no longer have to endure copious phone calls from creditors.
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What if Creditors Keep Calling after Debt has been Discharged:
If you are still receiving harassing phone calls after you have been granted an official discharge of debt from court you can file a motion to stop the creditor. A discharge is considered to be a statutory injunction which prohibits creditors from taking any action, including phone calls, to collect debt. If a motion is filed by the debtor the case will be reopened to ensure that the matter is properly addressed.
If the creditor violates the regulations of bankruptcy and continues to pursue collection of debt this is considered civil contempt and it is punishable by a fine. So if you have filed for bankruptcy and received a discharge of debt, you should not settle for creditors contacting you and harassing you about the money you owe them. The state no longer recognizes your debt and there is no legal responsibility to repay the creditor.
When does the Discharge occur:
There is a bit of variance in the timing of the discharge depending on which specific chapter the discharge is filed under. In Chapter 7 the court usually grants the discharge immediately after the expiration date for the filing of the complaint. This means that it typically takes about four months after the date that the debtor files the petition with the clerk of the bankruptcy court.
For cases where a payment plan is implemented the discharge of debt is generally in effect once the outlined plan has been completed. Also this discharge can be revoked if the debtor fails to meet all of the requirements outlined by the court. Usually the court requires that the debtor complete an instructional debt management course before debt can be discharged. By counseling with an experienced bankruptcy attorney you can avoid mistakes when filing your bankruptcy case.
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