Filing a Chapter 7 petition for bankruptcy can be a difficult experience. However, there remains a huge benefit for you that offsets the frustration, embarrassment, and emotional strain of bankruptcy called a “discharge”. Also known as a “fresh start”, bankruptcy discharge means creditors can no longer harass you with collection letters, phone calls, credit reports, and text messages. However, some creditors and collection agencies fail to abide by the Court’s order after a bankruptcy discharge. Fortunately, state and federal consumer rights laws protect individuals who have discharged debts.
Federal and state rights to a “fresh start”
Under the Fair Debt Collection Practices Act (FDCPA), creditors cannot continue to harass consumers with a “fresh start”. Courts agree that sending collection letters after bankruptcy discharge is a false representation about a cleared debt. Further, state legislation provides further protections for North Carolina residents against harassment from creditors and debit collectors.
In some cases, the Fair Credit Reporting Act (FCRA) even protects consumers whose credit report inaccurately references discharged debts. Unfortunately for consumers, creditors and consumer reporting agencies are not required to remove the history from a credit report. However, they must accurately report a bankruptcy discharge.
Our firm has settled numerous cases under the FDCPA and the FCRA for improper conduct after bankruptcy. We take these cases on a contingency basis, meaning you don’t owe anything unless we recover money for you.
If you continue to receive communications from collection agencies after a bankruptcy discharge, contact the consumer protection attorneys at Maginnis Howard. We are a Raleigh civil litigation firm that handles cases throughout the Triangle. The firm also handles FDCPA, FCRA, NC Debt Collection Act, and NC Collection Agency Act cases throughout the state. Call the firm at 919.526.0450 to schedule a free consultation or submit a request through our contact page.