Your Rights and Protections After Bankruptcy

Nick-GajewskiAt Bond & Botes we help people file for Bankruptcy relief, but it’s also important to us that our clients are protected after the case is finished.  The whole point of going through a bankruptcy is to receive a “fresh start” for your financial situation.  With that in mind, I wanted to use this blog post as an opportunity to discuss some important rights and protections that extend even after a bankruptcy case is finished.

Discharge Injunction

The first and most important protection is called the discharge injunction.  In the same way the Automatic Stay protects you from creditors during a bankruptcy case, the discharge injunction protects you after the case is over.  The discharge injunction prohibits any creditor from attempting to collect from you on a debt that was discharged in the bankruptcy case.  So you can’t be sued for a discharged debt and creditors cannot send you bills or collection letters.  The discharge injunction also applies to phone calls or verbal demands for payment.  The strongest part of this protection is that it is permanent.  Once a debt is discharged, the creditor cannot ever attempt collection again.

Updated Credit Report

The discharge of a debt also extends to your credit report.  A discharged debt cannot continue to report negatively against you on any of the three credit reports (Equifax, Experian, or TransUnion).  In fact, associated laws such as the Fair Credit Reporting Act (FRCA) specify exactly what information can be shown.  So if you have received a discharge in bankruptcy, but you still aren’t receiving the full benefit then please call and set up an appointment with one of our offices to discuss your rights.

Discharged Debt Becomes Non-Enforceable

Finally, having a discharge makes a discharged debt non-enforceable.  This is an important distinction for other areas of consumer rights.  For example, the Fair Debt Collection Practices Act (FDCPA) provides for statutory fines and penalties against a debt collector that attempts to collect on a debt that isn’t legally owed.  So if you receive any collection letters or phone calls after receiving your discharge, then not only could you have a cause of action in Bankruptcy Court for a violation of the discharge injunction, but you may also have a cause of action in Federal District Court for an FDCPA violation.

We want to make sure our clients receive the full benefit of their decision to file a Bankruptcy Case.  While other firms may forget you as soon as your case is finished, we want to support you even after your case is done, and we recognize that protecting your rights as a consumer requires knowledge of more than just the Bankruptcy Code.  So if you’re considering a bankruptcy case, we have convenient offices in Alabama, Tennessee, and Mississippi.  You can set up a free initial consultation with one of our experienced attorneys to help you make a plan back to financial security.

 

Share This Page

Bond & Botes Law Offices

At Bond & Botes, we now offer full service bankruptcy consultation and filing over the phone or by video from the comfort and safety of your home or office. Please call 1-877-581-3396 or click here to setup your free phone or video consultation.

The lawyers at the Bond & Botes affiliated offices serve clients at offices in Anniston, Birmingham, Mobile, Montgomery, Opelika, Decatur, Huntsville, Florence, Haleyville and Gadsden, Alabama; Vicksburg, Hattiesburg and Jackson, Mississippi. Read our disclaimer here. You can view our Privacy Policy here.

Alabama Offices

Birmingham

2107 5th Avenue North
Age-Herald Building
Birmingham, Alabama 35203
Phone: (205) 802-2200


Shelby County Location
15 Southlake Lane, Ste 140
Birmingham, AL 35244
Phone: (205) 802-2200


Florence Location
121 S. Court Street
Florence, AL 35630
Phone: (256) 760-1010


Huntsville Location
225 Pratt Avenue NE
Huntsville, AL 35801
Phone: (256) 539-9899


Montgomery Location
311 Catoma Street
Montgomery, AL 36104
Phone: (334) 264-3363


Decatur Location
605 Bank Street
Decatur, AL 35601
Phone: (256) 355-2447


Haleyville Location
914 19th St.
Haleyville, AL 35565
Phone: (205) 486-3580


Gadsden Location
430-B Chestnut Street
Gadsden, AL 35901
Phone: (256) 485-0195


Opelika Location
216 South 8th Street
Opelika 36801
Phone: (334) 887-7666


Anniston Location
1302 Noble St #2C
Anniston, AL 36201
Phone: (256) 344-3559


Cullman Location
200 Second Avenue SW
Cullman, AL 35055
Phone: (256) 739-9866


Mississippi Offices

Jackson Location
5760 I-55 North, Ste 100
Jackson, MS 39211
Phone: (601) 353-5000


Hattiesburg Location
607 Corinne St, Ste B8
Hattiesburg, MS 39401
Phone: (601) 264-7200


Vicksburg Location
1212 Farmer Street
Vicksburg, MS 39180
Phone: (601) 353-5000

© 2024 by Bond & Botes Law Offices. All rights reserved. Disclaimer | Privacy Policy