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What Rights Does a Debtor Have After Bankruptcy?

When a debtor has debts have been discharged by the bankruptcy court, the debt is no longer the responsibility of the debtor. However, in some circumstances a creditor may attempt collection efforts on a discharged debt. The debtor should file a motion with the court, reporting the action and asking that the bankruptcy case be reopened. The bankruptcy court will often do so to ensure that the discharge is not violated. The discharge from bankruptcy court 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 bankruptcy court for violating the discharge injunction. The sanction for violating the discharge injunction is a civil contempt finding, which is often punishable by a fine.




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Local Attorney, LTD.
2100 Manchester Road
Suite 900-Office 113
Wheaton, IL 60187
 
630-925-7188   Office
630-829-7138   Fax

pbuh.local.attorney@gmail.com