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What can a debtor do if a creditor attempts to collect a discharged debt after the case is concluded?
If a creditor attempts collection efforts
on a discharged debt, the debtor can
file a motion with the court, reporting
the action and asking that the case be
reopened to address the matter. The
bankruptcy court will often do so to
ensure that the discharge is not violated.
The discharge constitutes a permanent
statutory injunction prohibiting
creditors from taking any action,
including the filing of a lawsuit,
designed to collect a discharged debt. A
creditor can be sanctioned by the court
for violating the discharge injunction.
The normal sanction for violating the
discharge injunction is civil contempt,
which is often punishable by a fine.
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Sue Your Boss Law
CA expands lawsuits for violations of the labor code. New ebook has 100+ ways employers can be sued |
Repair Your Credit
How to easily and effectively fix your credit report. Get the money, car, house and loans you need. |
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