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Hope Law Group Column

May an employer terminate a debtor's employment solely because the person was a debtor or failed to

What can the debtor do if a creditor attempts to collect a discharged debt after the case is conclud

May the debtor pay a discharged debt after the bankruptcy case has been concluded?

Can the discharge be revoked?

Can a debtor receive a second discharge in a later chapter 7 case?

Does the debtor have the right to a discharge or can creditors object to the discharge?

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What can the debtor do if a creditor attempts to collect a discharged debt after the case is conclud

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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.

(Excerpt from US Bankruptcy Court website)

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Hope Law Group Video

Bankruptcy Basics Part 1: Introduction

Bankruptcy Basics Part 2: Types Of Bankruptcy

Bankruptcy Part 3: Limits Of Bankruptcy

Bankruptcy Part 4: Filing For Bankruptcy

Bankruptcy Part 5: Creditors' Meetings

Bankruptcy Part 6: Court Hearings

Bankruptcy Part 7: The Discharge

Bankruptcy Part 8: Legal Assistance

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