Type:
Debtor
Answer:
The best course of action will depend on the specific facts involved. It is recommended that a debtor contact an attorney with any questions. Making the creditor aware that the discharge order was entered and that the order applies to the creditor’s debt often resolves the collection action. If the creditor continues its attempts to collect a discharged debt, the discharge order may be used as a viable defense to the collection action. The debtor may also file an appropriate pleading in the Bankruptcy Court for a determination that the debt was discharged or alternatively to seek damages for a creditor’s violation of a discharge order.