Can a Debt Collector Collect a Debt Discharged in Bankruptcy?
Debt collectors are prohibited from trying to collect on most debts that were discharged in bankruptcy. And if you file for bankruptcy, debt collectors are generally NOT allowed to continue collection activities against you while the bankruptcy case is pending.
If you receive a call from a debt collector after filing for bankruptcy, tell the debt collector you have filed for bankruptcy protection. It is also important to contact your attorney to ensure that the debt is in your list of debts and creditors that is filed with the bankruptcy court.
You should also inform the debt collector if you are represented by an attorney for the bankruptcy. Your attorney should also be informed that the debt collector contacted you.
If the bankruptcy court discharges the debt, the discharge permanently bars the creditor or debt collector from taking actions to collect the debt.
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