Puerto Rico Bankruptcy Lawyer - Bankruptcy Attorney

What can I do if a creditor keeps trying to collect money after I have filed bankruptcy?

The best thing to do will depend on the specific facts of your case. If you have any questions, contact an attorney. The following options are probably the most important and useful.

First, make sure the creditor is aware that you received a discharge and that it applies to the creditor's debt. This will often solve the problem.

Second, if the creditor nonetheless persists and is seeking a judgment or execution against you in court, you should assert the discharge as a defense to the collection action. In other words, in your answer to the creditor's complaint, tell the court in which the collection action is pending that you've received a discharge in bankruptcy as to this debt. Be prepared to supply the court with the documents necessary to prove this, especially copies of the discharge and of the docket from your bankruptcy case.

Third, you can file a motion in the bankruptcy court that asks that your bankruptcy case be reopened to deal with the matter. If you and the creditor disagree about whether the creditor's claim was discharged, you can ask the bankruptcy court to determine that issue. If you think the creditor is simply disregarding the discharge in bad faith, you can file a motion to hold the creditor in "contempt" (that is, in deliberate violation of the discharge order), asking that you be awarded damages and sanctions for the contempt. And you can ask that the creditor be enjoined from taking further collection actions while these motions are being determined.

These options are not exhaustive or mutually exclusive. In general, if the first option doesn't work for you, or if the creditor has commenced legal proceedings against you, you would do well to get the help of an attorney.

What should I do if I cannot make my chapter 13 payment?

If the debtor cannot make a chapter 13 payment on time according to the terms of the confirmed plan, the debtor should contact the chapter 13 trustee and explain the problem. If it is a temporary problem and the payments can be made up, the debtor should advise the trustee of the time and manner in which the debtor will make up the payments. Significant changes in the debtor's circumstances may require that the plan be formally modified. If the problem is permanent and the debtor is no longer able to make payments on the plan, the trustee may request that the Court dismiss the case or convert the case to one under another chapter.

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