Whether you are in bankruptcy or not, there are a few things that you should know about debt collection. This includes how to find a debt collector and how to get your debts discharged.
Discharged debts
Whether your debts are discharged after bankruptcy will depend on your circumstances. The debts you have must be able to be paid. You may have to sell your car or home to pay off your creditors. Your bankruptcy trustee will look at your assets and debts and decide whether your debts can be discharged.
There are many reasons a court will refuse to discharge a debt. A common reason is that the creditor has hidden assets. In this case, the creditor can prove that the debtor lied on their loan application.
The bankruptcy court did not discharge the debt because the debtor did not disclose all of their assets. However, the court adopted the position of the debtor, stating that there were insufficient funds to pay the debts.
The Town took action against Debtor in both a District Court Action and a Compulsory Counterclaim. They also sought to foreclose on municipal liens. The Town also attempted to collect discharged debts through SS 524.
Collection efforts
During the bankruptcy process, you may receive collection calls from your creditors. These efforts should be stopped by the law. You are protected by federal and state law. If you are being harassed, you may have a good case for filing a lawsuit against your creditors.
The Fair Debt Collection Practices Act (FDCPA) outlines the legal requirements that debt collectors must follow to be in compliance with the law. In addition to this, the court may sanction a debt collector if they break the law. If a creditor is caught violating the law, the collector could be assessed fines or be required to pay attorney’s fees.
The Fair Credit Reporting Act (FCRA) guarantees that creditors report accurate information. This is important, as inaccurate accounts can harm your credit. You should always review your credit report to make sure that you have accurate information about your debt.
You are also protected from collection attempts by an automatic stay. This is a court order that will stop creditors from collecting on your debt.
Discrimination by governmental units and private
employers
Whether or not you are a private or governmental employer, the law of the land prohibits you from making any decision based on a bankruptcy filing. Besides, you can’t exclude bankruptcy filers from any government loan programs. However, you can certainly consider them when evaluating a job applicant’s credit worthiness.
The best way to avoid such discrimination is to educate yourself on the law and its legal pitfalls. In addition, you may also want to hire a lawyer to help you with your case. In Harrisburg, PA, a bankruptcy lawyer can help you know what is your right. This is particularly true if you are an employer with operations in multiple jurisdictions. The third circuit was kind enough to weigh in on a timely and pertinent issue for private sector employers.
Specifically, the Third Circuit found the Bankruptcy Act’s most famous acronym to be a non-starter. That is, you can’t deduct bankruptcy from your taxes, you can’t exclude bankruptcy filers form government loan programs, and you can’t deny bankruptcy filers government benefits. The good news is that if you can’t file for bankruptcy, you can’t sue a private or governmental employer for discrimination.
Identifying a debt collector
Identifying a debt collector after bankruptcy can be difficult. Scammers often claim to be debt collectors for creditors and are looking for a quick payout. They may use a variety of tactics to convince you to pay the debt.
If you find yourself in this position, you may want to get legal advice. A creditor can be sued for damages if he or she violates the law. You may also have to reopen your bankruptcy case and seek an adversary proceeding. This is a court proceeding that may require you to hire an attorney.
If you are unsure whether your debt is discharged, contact your bankruptcy attorney. This can help you get a fresh start. You may be able to negotiate a lower settlement with your debt collector.
A bankruptcy discharge order stops creditors from collecting on dischargeable debt. The court will also issue an injunction to prevent creditors from harassing or collecting on discharged debt. This can help stop wage garnishments, car repossession, and foreclosure.
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