If the creditors that are calling you had claims that were discharged in your bankruptcy, then you can reopen your bankruptcy case to have those creditors held in contempt for violation of the discharge injunction. They also likely violated the FDCPA; if the claim was discharged, they are attempting to collect a debt that does not exist.

Answer Applies to: Montana
Replied: 1/26/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Bankruptcy discharges can be revoked, but not for refusing to pay a discharged debt. It sounds like you have a FDCPA and Stay violation. You should consult a bankruptcy attorney to see if you have a possible claim against the creditor. If so, you could collect $1,000 for the violation.

Answer Applies to: Colorado
Replied: 11/1/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

If the case is OVER and the creditor has been properly notified and discharged, ABSOLUTELY NOTHING (in most cases). If it's a secured creditor, they can foreclose on your home for failure to pay or repo your car if you fail to pay. Can the judge take back the discharge of my debts? - Only for certain types of conduct (generally intentional omissions, etc.)

Answer Applies to: South Carolina
Replied: 11/1/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

It is possible (although rare) for a bankruptcy discharge to be revoked. If creditors are still trying to collect on discharged debts, it is improper. Contact your bankruptcy attorney, or if none, contact an experienced bankruptcy lawyer for advice.

Answer Applies to: Colorado
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Creditors that contact you after the bankruptcy discharge are committing contempt of the court's order and you can be awarded monetary sanctions and attorney fees should you choose to file a motion for sanctions.

Answer Applies to: Indiana
Replied: 10/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

No! If this happened then you would be entitled to a court hearing as to what you did to deserve this. You need to tell these creditors that they are breaking the law by contacting about discharged debts.

Answer Applies to: California
Replied: 10/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You should not be receiving any calls from creditors whose debts have been discharged through bankruptcy. Double check that you did include these creditors in your petition or that you did not reaffirm their debt. If you failed to include them in your petition or you reaffirmed the debt during the bankruptcy, then your liability for the debt still stands.

Answer Applies to: Georgia
Replied: 10/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes if you made any false statements or misrepresentations in connection with your case, otherwise no.

Answer Applies to: Georgia
Replied: 10/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

No in fact if creditors are still coming after you for discharged debtsthey are violating federal laws and could be sanctioned heavily.

Answer Applies to: Utah
Replied: 10/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Your bankruptcy discharge cannot be revoked barring some kind of malfeasance on your part, such as fraud in your filing. With that said, if you did not notify the creditor at issue of your bankruptcy, then the discharge will not apply to that creditor. So, as long as you gave notice to the creditor and you did not file some sort of fraudulent bankruptcy case, your discharge applies. More importantly, their attempt to collect a discharged debt from you likely constitutes a violation of the discharge, and a violation of the Massachusetts Consumer Protection Act. You should contact a bankruptcy attorney as soon as possible. You may have the right to damages and attorneys fees against the creditor for their blatant disregard for the discharge.

Answer Applies to: Massachusetts
Replied: 10/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes, if you had committed a fraud upon the court.

Answer Applies to: Michigan
Replied: 10/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

There may be reasons that your bankruptcy discharge would not apply to certain creditors. For example, if you forgot to list them on your bankruptcy schedules and they didn't have notice of the proceedings, you may have a problem. Also, if they are the kind of creditors whose claims are not discharged in bankruptcy, such as family support obligations, some kinds of taxes, and student loans, they may be able to continue their collection efforts. But if these creditors do not fall into some kind of exception, they may be violating your discharge injunction by continuing their collection efforts. You may want to confer with your attorney to look into this.

Answer Applies to: Maryland
Replied: 10/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

A discharge can be revoked by the Court upon a showing of fraud on your part in order to receive the discharge. Anybody who is still bothering you after the discharge can be sued for violation of the Discharge Injunction and be held in comtempt of court.

Answer Applies to: Texas
Replied: 10/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

These creditor actions sound like violations of the Court's Discharge Order. You can file to reopen the case without payment of a filing fee for the purpose of enforcing the Discharge Order. Since you can be awarded attorney fees for having to take legal action as a last resort, you should be able to find a BK attorney willing to take on this matter. Try sending a letter to each one of these creditors advising them that you received a bankruptcy Discharge Order and enclose the copy of the Order from the BK Court which includes a Certificate of Service showing the creditor in the mailing list.

Answer Applies to: Ohio
Replied: 10/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Bk can only be revoked if fraud is alleged and determined by incontrovertible evidence. Your creditors can resume collections after your discharge for debts that were not included in the BK. Otherwise they cannot collect on what has been discharged neither can you be sued on same.

Answer Applies to: Washington
Replied: 10/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

The discharge can be revoked within one year after it is granted if a creditor can prove that your discharge was obtained through fraud and the party requesting the revocation did not learn of the fraud until after your discharge was granted. or, if you acquired property that should have been part of the bankruptcy (such as an inheritance) and you knowingly failed to report that to the Trustee, then a creditor has until either one year after the discharge, or the date your case is closed, whichever is later, to seek revocation.

Answer Applies to: California
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

See a lawyer ASAP. You should have used a lawyer in your case. Did you? If you didn't you may have screwed up. There are two possibilities. Either you screwed up and you need a lawyer to protect you or the creditors are violating the discharge in which case a good lawyer can stop them and maybe win you some money. Do not answer the phone. Hire counsel.

Answer Applies to: Georgia
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Once you file bankruptcy it is illegal for your creditors to contact you, even before the discharge. You need to speak to the attorney that handled to your case. Let them know who has been contacting you so they can put a stop to it. Certain debts cannot be discharged for example child support, student loans and some taxes. Unless you have committed fraud of some sort, the case should be discharged rather than be dismissed.

Answer Applies to: Oregon
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

If this is true, go see an experienced bankruptcy attorney. He will take these guys apart just for contacting you. You will make a little cash. Attorney fees are covered by the other side. If you have received your discharge, then the time for a creditor to file to determine discharge-ability is long past and they know it. These are either very stupid creditors or you have your facts wrong.

Answer Applies to: Ohio
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You should call your lawyer. Creditors are violating the automatic stay and are subject to sanctions.

Answer Applies to: Colorado
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

The court can revoke a discharge for such things as fraud and failing to cooperate with the trustee. These actions generally must be brought within one year of receiving the discharge.

Answer Applies to: Colorado
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes, the discharge injunction can be revoked. However, the actions described appear to be in violation of the bankruptcy discharge injunction. If that is the case, you should consider taking action against the creditors, or if they follow through with their threat, assert a counterclaim against them.

Answer Applies to: North Dakota
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

If your creditors were listed in your bankruptcy, then they are breaking the law when they continue to contact you. Talk to your attorney about taking the appropriate action. There are circumstances in which the Trustee or a creditor can have your discharge revoked. In particular, in cases where it is shown that you lied to the Trustee or the bankruptcy court. However, even if they believe that is the case, creditors are not allowed to contact you until after they have the Court's permission.

Answer Applies to: Colorado
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

If you received a discharge, then you should have an attorney file a lawsuit against these creditors for a discharge violation of the bankruptcy.

Answer Applies to: New York
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes, a discharge can be revoked if fraud or bad faith is present. If this is not the case and the creditors are continuing threaten you, you should contact your attorney or retain one if you do not have one. This problem can be remedied.

Answer Applies to: Virginia
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Creditors will not be allowed to revoke a bankruptcy after discharge. However, it the bankruptcy was incurred by fraud the trustee can re-open the case to try to revoke the discharge.

Answer Applies to: California
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

That sounds like (1) a collection company scam or (2) a discharge violation case. You should see a lawyer who handles Order to Show Cause cases for violations of the discharge injunction.

Answer Applies to: California
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

The filing of a bankruptcy case creates an automatic stay that stops collection efforts. The order for discharge of your debts is a permanent injunction against collection efforts. If creditors are disobeying this injunction, they could be sued.

Answer Applies to: Minnesota
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

If the creditor was listed you should remind them of the bankruptcy and that they could be subject to penalties. Revocation of your discharge would have to be based on fraud and you would certainly be aware of the matter and you should go on-line to check your bankruptcy filing for any activity.

Answer Applies to: Minnesota
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

If these debts were included in your previous bankruptcy and you received a discharge, the creditors are barred from contacting you - ever. This does not apply to secured creditors as they have some secured interest in property that you possess and that secured debt would not have been discharged in your bankruptcy. It may be possible to file an adversary complaint against the creditor for violating the bankruptcy code. There are a handful of attorneys that practice bankruptcy law that also handles adversary complaints of this nature.

Answer Applies to: Georgia
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Your discharge Order is a Court Order that permanently discharges your liability on the debts owed prior to your filing bankruptcy. If you have a copy of that Order, then simply write a letter to these naughty collectors and remind them that they are in violation of your bankruptcy discharge. If they continue after that, hire a bankruptcy lawyer that litigates and makes these naughty collectors pay you and your attorney for your troubles. Be sure to save those cards and letters and envelopes too! Have Fun.

Answer Applies to: California
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

No unless there was some type of fraud. If a creditor is still contacting you after bankruptcy you should consult with an attorney.

Answer Applies to: Florida
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You should tell your bankruptcy attorney about the demands for payment that you are getting. He should be able to take care of them by informing the creditors of your bankruptcy and letting them know that they are violating the automatic stay under bankruptcy law. If the demands are from creditors that were not listed on your bankruptcy papers, then the debts owed to them are still discharged if your case was a "no asset" case - meaning that you kept all of your assets and there was nothing for the bankruptcy trustee to turn over to your creditors. If it was an "asset" case, so that creditors got some money distributed to them, then you still owe the debt to any creditor who was left off of your bankruptcy papers.

Answer Applies to: Virginia
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

They're messing with you. First, tell them you're recording their phone call per your attorney's instruction (they won’t harass you if they believe your recording them and under CA law you have to tell them your recording first). Then ask for their name & address so you can sue them to straighten all this out. These are probably min wage collectors who don't mind breaking the law. They lie and threaten and some people send them money (just a numbers game). Don't let them bully you. File a harassment complaint with the FTC by calling 877-FTC-HELP (1-877-382-4357). While you can file legal actions against the creditor in both state and federal court, my experience is the return isn't worth the effort. That said, discuss this with your original attorney (if they'll still talk to you). Good luck!

Answer Applies to: California
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Call your bankruptcy attorney immediately about these calls as your creditors may be violating the automatic stay in bankruptcy which prevents all efforts of creditors attempting to collect discharged debts. If your bankruptcy attorney will not assist you, demand a copy of your file and consult with another bankruptcy attorney. As long as you did not commit fraud, your debts should be discharged permanently.

Answer Applies to: Massachusetts
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Get yourself to a consumer's rights lawyer. These creditors are violating the Discharge injunction, and possibly the Fair Debt Collection Practices Act. You should be able to find a lawyer will sue them on a contingent fee basis - lawyer doesn't get paid unless you win. The circumstances in which a discharge can be revoked are pretty limited. If you had a lawyer for the bankruptcy, call that lawyer and ask if the creditor has any claim to have it revoked.

Answer Applies to: Minnesota
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

It is possible to have the discharge revoked. But it must be based on fraud that you committed. Creditors still calling are breaking the law and are in contempt of the Federal Court order giving you the discharged. They can be taken back to the Bankruptcy Court and to be punished. Sometimes it is best to remind them of that fact.

Answer Applies to: South Dakota
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes your bankruptcy discharge can be revoked, for example if you committed fraud, but usually this is not the situation. Call your attorney, if they were discharged, they can't continue to call you and harass you.

Answer Applies to: Michigan
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.