They won't stop

[Aux3]

What is the name of your state? Texas
I have received chapter 7 discharge as of May of this year. Two of the creditors refuse to give up. They still send me statements with amount due. I have brought this to the attention of the attorney who handled my case, but it keeps happeneing.
What can I do to stop this?

 

[bigun]

If all they're doing is sending statements, I'd hang on to the statements and just ignore them.

 

[Ladynred]

Oh, I'd hang onto those statements alright, but I'd be tearing them a new you-know-what in the process !!

What they are doing is a violation of the permanent injunction of your discharge, a violation of Federal Bankruptcy law !! Don't just complain about it and do NOT call them. You must write them a VERY stern letter telling them to knock it off or else.

In this letter you remind them of your bankruptcy, list case number, the court district, filing date and discharge date. Then you tel them that if they do not IMMEDIATELY CEASE AND DESIST ALL collection activity, including any reporting to the 3 credit bureaus, you will file a Motion for Contempt and Request for Sanctions against them in bankruptcy court -- and they can explain to a BK judge just why they are violating your discharge. Remind them also that you can and will ask for all applicable court costs, attorney's fees AND DAMAGES.

Send it certified, RRR and wait. If they send you any more statements... follow thru and nail them. The ONLY way these scumbags are going to get the message that they are breaking the law is if bankrupts stand up for their rights and MAKE them stop.

 

[Catamount]

Did your lawyer actually do anything? One of my creditors kept doing that and my lawyer wrote them a letter every time and it finally stopped.