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Debtor's Rights After
Bankruptcy
What to
do if creditors still hound you.
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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