Discharged Debts Cannot be Collected

The idea that discharged debts are no longer subject to collection action may seem obvious to most people. Unfortunately, the concept appears somewhat less clear to some creditors and third party collection agencies or debt purchasing companies.

In most cases, a creditor who attempts to collect a debt that has been discharged in bankruptcy is in contempt of court. If it's a third-party debt collection agency, the agency may also be in violation of provisions of the Fair Debt Collection Practices Act.

Recently, the Federal Trade Commission has reported action against debt purchasing companies that buy up invalid debts--debts that are too old to be collected legally, or have been discharged in bankruptcy--and then hound debtors with empty threats until those debtors feel they have no choice but to pay debts that are no longer owed.

If you're contacted about a debt that was discharged in bankruptcy, take action. The bankruptcy court may re-open your case to sanction the creditor, and if it's a third-party company (someone other than your original creditor), complain to the Federal Trade Commission.

Written By:marlene On September 9, 2006 9:44 PM

I would like to know if they still do hospital bills or not? Please respond! Thank-you! Marlene delk

Written By:Dennis On October 29, 2006 7:50 PM

I filed chapter 7 in 2002. Part of the discharge was a note for a loan from my ex-wifes parents. My ex-wife is telling me that because she was not included in the chapter 7 that she can collect the debt from me. Is this true?
Thanks, Dennis