It's finally over. That's the thought you might have once your debts are discharged through personal bankruptcy. Although you typically should be able to breathe a sigh of relief, some creditors continue to harass customers well after their bankruptcy proceedings.
Creditors are not allowed to try to collect on debts that are discharged through bankruptcy and doing so might be illegal. People across the country are running into this problem, mainly with Capital One. Now people are fighting back, filing lawsuits against the company to prevent it from trying to collect debts that are no longer owed.
Judges throughout the United States are also fighting back. According to a report in The Wall Street Journal, one judge in Mississippi is demanding that Capital One appear in court so he can ask them about their collection practices.
A court appointed auditor says Capital One has been trying to seek "erroneous claims" from over 15,500 people whose debt has discharged in bankruptcy. About 800 of those former customers have fought back, but the company denies any wrongdoing. They say that if there are errors it is most likely because they were unaware of the bankruptcy before they started trying to collect.
These illegal actions by banks are only furthering the debt crisis and stress felt by many Americans. It is important to understand your rights before, during and after filing for bankruptcy. A good bankruptcy attorney can help you fend off creditors and their sometimes illegal actions, even after the court proceedings are over.
Source: The Wall Street Journal, "Debts Go Bad, Then It Gets Worse," Jessica Silver-Greenberg, Dec. 23, 2011




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